Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. They will investigate to uncover evidence, like trucking company maintenance records which could justify a claim of negligence.
A NYC truck accident lawyer in NYC can determine the responsible parties in your case and assist you in recovering from your injuries.
1. Injured or fatigued Driver
The most efficient method to determine who is at fault in a collision between the truck and a passenger vehicle is to scrutinize the behavior of the driver. A truck accident lawyer can use surveillance footage and witness testimony to determine which driver at fault.
A lot of places are equipped with surveillance cameras, including the majority of intersections and interchanges as in some hotels, gas stations, restaurants, and other establishments. This evidence can be used by a truck wreck lawyer to identify a potential defendant, particularly if the driver was distracted or unobservant at the time of the incident.
In the event of a truck accident the driver may be injured or fatigued at the time. A thorough analysis of the driver's logs will reveal if they spent too long without rest or if they failed to adhere to Motor Carrier Safety Regulations that restrict the amount of time that truckers spend on the road and demand adequate rest breaks.
The trucking company could also be held accountable for the negligence of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep time and putting them at risk for accidents could also have contributed to.
Government agencies that are responsible for maintaining roads can also be held accountable if a dangerous road contributed to the accident. A seasoned truck accident lawyer can identify the responsible agency and employ a competent maintenance or construction contractor to look into the cause of the unsafe situation, if applicable. An experienced attorney can identify multiple parties that may be responsible and seek compensation from each source.
2. Defective Equipment
Many truck accidents are the result of faulty equipment. This includes tires, brakes and cargo restraints. These equipments are designed to withstand a lot of use, and must be assessed, maintained, and repaired to prevent failure. When something goes wrong a trucker may be unable to control their vehicle and this could result in serious or fatal accidents. Incorrect truck parts and equipment may be the responsibility of several entities, including the trucking company or the manufacturer, as well as the repair or parts dealer shop.
When an accident occurs because of a defective piece of equipment or a part, the injured party can seek compensation for both economic and non-economic damages. Economic damages include the current and future medical costs, lost income, and loss of earning capacity. Noneconomic damages could include pain and discomfort and brain injuries that cause trauma and emotional anxiety. In some cases, punitive damages may also be available to punish the defendant to prevent similar wrongful acts from happening again in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment problems are inevitable. If this happens, it is crucial to identify the responsible parties in order to seek compensation for your loss.
If you've been in a truck collision the skilled attorneys at the Burch Law firm can help. Contact us now to set up an appointment for a no-cost consultation. Our lawyers will examine the case, identify responsible parties, and fight to get the compensation you deserve. santa clarita truck accident lawyer can assist you in recovering compensation for medical expenses as well as lost wages from work, and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours a days, 7 days a weeks to answer your calls.
3. Unloading Cargo in a way that isn't safe
The cargo that trucks carry on the road may seem easy enough, but there are strict guidelines that drivers and loaders must follow in terms of stacking and securing their loads. Infractions to these rules can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the leading causes of truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the roadway. This is especially dangerous because the cargo can cause a danger or obstruction on the road, and force other drivers to slow down. It may also fall on people who are walking or riding a bicycle in the vicinity of the truck.
In the event of the incident, there could be multiple parties to blame. A driver who was negligent in loading his or cargo could be held responsible under the legal theory of respondeat superior. However the trucking firm that employs the driver could be liable as well, because it is liable for the actions of its employees under the principle of vicarious liability.
An experienced attorney for accidents involving trucks can use police reports and professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC can help victims determine the appropriate defendants to make a claim against to seek compensation for their loss. A successful claim may result in a verdict or settlement that provides victims with the financial aid they need to recover.
4. Unsafe Road Conditions
Trucking companies and their drivers have a duty to keep their trucks in a good working condition. If they fail to do this, it can lead to serious accidents. The majority of trucks have mechanical components that require to be examined and replaced to allow they to function properly. When this doesn't happen, the result is a dangerous and unsafe roadway.
The weather and road conditions can also cause truck crashes. Due to their size trucks are more likely to crash in stormy weather and on wet roads. In addition, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they can drive per day. These rules are meant to protect the public. However truckers who ignore these rules in order to meet deadlines or to make more money from employers, they are putting the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues are inadequate lane markings like broken or solid lane lines that make drivers confused about which lane they're in, and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a truck crash occurs because of road conditions that are not safe the trucking company or government agency accountable to maintain the road could be held liable. The person responsible for causing the unsafe conditions has to be proven guilty of breaching its obligation of care. This can include negligent hiring or vehicle maintenance, as well as testing for drugs. California law permits victims to recover damages for medical expenses, lost wages, suffering and loss of quality life.
5. Injuries to pedestrians
Truck accidents pose a risk to pedestrians who walk along roads or even in their yards. Pedestrians typically have no protection from the massive size and the weight of a truck and can suffer catastrophic injuries, which are often fatal, from such crashes.
In these situations, an attorney for personal injury will seek compensation from the negligent party. In some instances it could be as simple as the truck driver who ran at a red light and hit the pedestrian, but in other instances it could be the trucking firm that allowed the trucker to work longer hours than permitted by law, did not perform proper maintenance on the vehicle, or conducted an background check which would have revealed the existence of a history of dangerous driving behavior.
Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. While this kind of incident is common with any car accident, it can be more fatal due to the fact that truck drivers are generally higher in their cabs, and have larger blind spots that are hard to see.
A pedestrian injured in a car crash may receive compensation for medical costs and lost earnings, as well as discomfort and pain, as well as property damage. In some cases, if the plaintiff is found to be partially accountable for the incident due to their own actions (such as not turning over to the left side when the truck started to slow down) their compensation could be reduced according to. It is important to hire a personal injury lawyer who is skilled and experienced to handle your case. Contact us today to start.