Truck Accident Law
A lawyer for truck accidents with experience in the field has a thorough understanding of the laws that regulate truck drivers and trucking companies. They will seek out evidence, including trucking company maintenance records which could justify a claim of negligence.
A NYC truck accident attorney can determine the responsible parties in your case and assist you in recovering from your injuries.
1. Injured or fatigued Driver
If a vehicle carrying passengers collides with a truck the most efficient way to determine liability is to examine the conduct of the driver and his manner. A lawyer who handles truck accidents can look over surveillance footage and witness statements to determine who was at fault.
Many locations are equipped with surveillance cameras, which includes the majority of intersections and interchanges as as certain gas stations, hotels, restaurants, and other businesses. A skilled lawyer for truck accidents can use this evidence to identify a potential defendant, particularly when the driver seemed unobservant or distracted at the time of the accident.
In the event of a truck accident, it is also possible that a driver was fatigued or even injured during the time of the crash. A thorough review of the logs from the driver will reveal if they spent too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time that truckers spend on the road and require adequate rest breaks.
The trucking company may also be held responsible for the negligent actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep time and putting them at risk for accidents could have also contributed.
If milwaukee truck wreck lawyer that is dangerous contributed to an accident, the government agency responsible for its maintenance can be held accountable. A seasoned truck accident lawyer can identify the appropriate agency and hire an experienced maintenance or construction contractor to investigate the cause of the dangerous condition in the event that it is applicable. A knowledgeable attorney can identify several parties that could be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These components were developed to withstand heavy usage and must be maintained and repaired to avoid failure. If something goes wrong, it could render the truck driver unable control the vehicle and could cause fatal or serious collisions. The problem with defective truck parts and equipment could be the responsibility of a number of entities that include the trucking firm, the manufacturer, and the repair or parts dealer shop.
If an accident occurs because of an equipment or a part that is damaged, the victim can seek damages for both economic as well as non-economic losses. Economic damages could include medical expenses at present and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress. In some cases punitive damages might be available to punish the defendant in order to prevent similar wrongful acts from occurring again.
Despite the best efforts by trucking companies and drivers, equipment malfunctions will always occur. If this happens, it is crucial to identify the responsible parties to claim compensation for your losses.
The experienced attorneys at Burch law firm will assist you if you've been involved in a truck crash. Contact us today for an appointment for a no-cost consultation. Our lawyers will review your case, identify liable parties, and fight to secure the compensation you are entitled to. We can help you obtain compensation for medical expenses or lost wages from work as well as physical and mental suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours per day seven days a week to answer your call.
3. Unloading Cargo in a way that isn't safe
Truck drivers and loaders must adhere to strict guidelines when it comes to stacking and securing the cargo they transport on the roads. Failure to follow these guidelines can lead to serious issues. In a recent research, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading causes of truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto other vehicles or roads. This can be especially dangerous due to the fact that the cargo may create an obstacle or create a danger on the road, causing other drivers to swerve or to crash into it. It can also fall onto people who are walking or riding a bicycle near the truck.
Depending on the circumstances of the accident, there may be multiple parties to blame. A driver who was negligent while loading his or her cargo might be held accountable under the legal theory of respondeat superior. However the trucking company that employs that driver might be liable as well, because it is responsible for the actions of its employees under the principle of vicarious liability.
An experienced attorney for truck accidents can utilize police reports and professional investigators to determine the cause of an accident that was caused by inadequately secured or loaded cargo. A Cordisco & SAIL LLC attorney can assist victims in determining which defendants to make a claim for compensation against. A successful claim could result in a verdict or settlement which will give victims the money they require to recover.
4. Unsafe Road Conditions
The trucking companies, as well as their drivers, have a responsibility to maintain their trucks in a good working order. Failure to do so can lead to serious accidents. To ensure that the trucks are operating properly, mechanical parts are frequently checked and replaced. If this isn't done, it can cause a dangerous and unsafe road.
The weather and road conditions can also lead to truck crashes. Due to their size, trucks are much more likely to be involved in crashes when they are driving in bad weather conditions or on roads with a lot of water. In addition truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These regulations are designed to safeguard the public. However, when truckers ignore them in order to meet deadlines or to earn more cash from their employers, they put the public at risk.
Unsafe road conditions can include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues can be due to inadequate lane markings, such as solid or broken lines that confuse drivers about which lane they are in, or merging ramps that are too narrow for large vehicles to safely change lanes.
If a truck accident occurs because of poor roadway conditions, the trucking company or government agency responsible for maintaining that road could be held responsible for the accident. It is crucial to prove that the person responsible for the incident violated their duty of care by creating dangerous conditions. This can include negligent hiring or maintaining the vehicle, or drug screenings. California law permits victims to seek damages for medical bills, lost wages, suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. The majority of pedestrians are not protected from the massive size and weight of a large truck, and can suffer catastrophic injuries, which are often fatal, from these kinds of crashes.
In these kinds of cases in these types of cases, a personal injury lawyer will pursue compensation from any party who was negligent. In some instances, this may be as simple as the truck driver who ran through a red light, and then struck the pedestrian, but in other instances, it could be the trucking company that allowed the trucker longer shifts than allowed by law, or failed to maintain the vehicle, or conducted an investigation into the background of the driver that could have revealed the history of unsafe driving behavior.
Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. While this type of accident is normal in any car accident, it can be more deadly due to the fact that truck drivers are generally higher in their cabs and have bigger blind areas that are hard to see.
If a pedestrian gets injured in a car accident, they can be awarded compensation for medical bills or loss of earnings injuries and suffering, as well as property damage. In certain cases, the plaintiff is found to be partially at fault for the incident because of their own actions (such as not turning over to the left side when the truck started to swerve) the amount they receive will be reduced according to. This is why it is vital to choose a knowledgeable and experienced personal injury attorney to manage your case. Contact us now to begin.