Truck Accident Law
A reputable lawyer for truck accidents is knowledgeable about the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will investigate to uncover evidence, like maintenance records for trucking companies, that may provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can help you determine who is responsible for your accident and help you recover for your injuries.
1. Injured or fatigued Driver
The most effective method of determining who is responsible in a collision between a truck and a passenger vehicle is to scrutinize the behavior of the driver. A truck accident lawyer can use surveillance footage and witness testimonies to determine the driver responsible.
A lot of places have surveillance cameras. This includes the majority of intersections hotels, interchanges gas stations, restaurants and hotels. This evidence can be used by a truck accident lawyer to identify a potential defendant, especially if the driver appeared distracted or inattentive at the time of the incident.
In the event of a truck accident, the driver may have been injured or fatigued at the time of the accident. The road logs of the drivers will show if they were sleeping too much or didn't follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could also be held accountable for the negligence of their employees. A improper hiring or training procedure may have contributed to the accident, as can policies that encourage drivers to drive for as long as possible, which can result in a reduction in rest and sleep time and increasing their risk of being involved in an accident.
Government agencies that are responsible for maintaining roads may also be accountable if a road that is unsafe contributed to the accident. A truck accident lawyer who has experience can identify the agency responsible and hire a contractor for construction or maintenance with experience to investigate the causes of any dangerous conditions in the event of a case. A skilled attorney can determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including brakes, tires, coupling systems and cargo restraints. These equipments are designed to withstand a lot of use, and must be checked and maintained to prevent failure. If something goes wrong it could make the driver of a truck unable to control the vehicle, and could result in fatal or serious collisions. The trucking company, manufacturer, parts dealer or repair shop may all be held accountable for malfunctioning truck parts and equipment.
If an accident occurred because of a defective part or piece of equipment, the injured person could seek compensation for economic and noneconomic damages. modesto truck accident lawyer can include medical expenses both now and in the future, lost income and the loss of earning potential. Noneconomic damages could include discomfort and pain or traumatic brain injuries and emotional anxiety. In certain instances, punitive damages may also be available to punish the defendant to prevent similar negligence from occurring again.
Despite the best efforts by trucking companies and drivers, equipment malfunctions are inevitable. It is crucial to determine the responsible parties to seek compensation for your losses.
If you've been involved in a truck accident The experienced lawyers at Burch Law Firm can assist. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will examine the case, determine responsible parties, and fight for the compensation you deserve. We can help you obtain the amount you need to pay for medical bills, lost wages, and physical or emotional suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours per day, 7 days a weeks to answer your call.
3. Improperly Loaded Cargo
The cargo trucks carry on the road may appear easy enough, but there are strict guidelines that loaders and drivers must adhere to when stacking and secure their loads. If they don't follow these guidelines, it can cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the leading causes of truck accidents.
A large number of truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the roadway. This can be particularly risky because the cargo might create an obstacle or cause a danger to the road, forcing other drivers to slow down or hit it. It could also fall on pedestrians or cyclists riding bikes in the vicinity of the truck.
Based on the manner in which the incident occurred, multiple parties may be at fault. A driver who was negligent while loading his cargo may be held responsible according to the legal doctrine of respondeat superior. The trucking company who employed the driver could also be held accountable in the sense that it is accountable for the actions of its employees under the principle of vicarious accountability.
In the event that accidents occur due to inadequately secured or loaded cargo, a skilled truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who was at fault. An attorney from Cordisco & Saile LLC can assist victims in determining the proper defendants to bring a lawsuit against for compensation for their losses. A successful claim could result in a settlement or verdict that provides victims with the financial aid they need to cover the costs of.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their trucks in good working condition, and when they do not it could lead to serious accidents. To ensure that the trucks are operating correctly, mechanical parts are regularly checked and replaced. If this isn't done, it could cause a dangerous and unsafe road.
The weather and road conditions can cause truck accidents too. Because of their size, trucks are more likely to crash in stormy conditions and on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the hours they are allowed to drive in a day. These rules are meant to protect the public. However, when truckers ignore these rules to meet deadlines, or to get more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings such as broken or solid lane lines that confuse drivers about which lane they're on, and merging ramps for lane switching that are too small for large vehicles to safely change lanes.
If a truck crash occurs due to poor road conditions the trucking company or government agency responsible to maintain the road could be held responsible. The party who created the dangerous conditions needs to be proven to have breached its duty of care. This could include negligent hiring or maintenance of the vehicle, as well as drug testing. Under California law, victims can recover damages for their medical expenses as well as lost income, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely hazardous for pedestrians walking along streets or within their own yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck, and may suffer fatal or catastrophic injuries.
In these situations an attorney for personal injury will seek to recover compensation from the negligent party. In some cases it could be as easy as the truck driver who ran an intersection and struck the pedestrian, however in others, it could be the trucking firm that allowed the trucker to work longer shifts than required by law, or failed to maintain the vehicle, or even conducted an background check that could have revealed the existence of a history of dangerous driving behavior.
Accidents involving pedestrians and trucks are often caused by the driver's lack of attention or distraction. This kind of accident is quite common in car accidents, but it can be fatal for truck drivers due to the fact that they are higher up and have larger blind zones which are difficult to spot.
If a pedestrian gets injured in a crash involving a truck it is possible to be awarded damages for medical bills and loss of earnings, injuries and suffering, as well as property damage. In certain cases, the plaintiff is found partly at fault for the accident because of their own actions (such as not turning over to the left side when the truck started to accelerate) the amount they receive will be reduced in proportion. It is crucial to find a personal injury lawyer that is experienced and knowledgeable to take care of your case. Contact us now to get started.