Truck Accident Law
A skilled lawyer for truck accidents possesses in-depth knowledge of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will look into and find evidence such as maintenance records of the trucking company that may support a negligence claim.
A NYC truck accident lawyer in NYC can assist you in determining who's the fault in your situation and assist you in recovering your injuries.
1. Fatigued or injured driver
When a passenger vehicle collides with a truck, the most efficient method of determining the extent of liability is to review the manner of driving and behavior. A truck accident lawyer can examine video surveillance footage and witness testimony to determine which driver was responsible for the accident.
Many places are equipped surveillance cameras, such as most intersections and interchanges as well like some hotels, gas stations, restaurants, and other businesses. This evidence can be used by a truck wreck lawyer to determine a potential defendant, especially if the driver seemed distracted or unfocused at the time of the accident.
In truck accidents the driver could have been injured or fatigued at the time of the incident. A thorough analysis of the logs from the driver can reveal whether they slept too long without rest or did not follow Motor Carrier Safety Regulations that restrict the amount of time truckers are allowed to spend on the road and demand regular rest breaks.
The trucking company may also be held responsible for the negligent actions of their employee. A negligent hiring or training practice may have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as possible, minimizing their rest and sleep time, and thereby increasing the chances of causing an accident.
Government agencies responsible for maintaining roads may also be accountable if a dangerous road contributed to the accident. A seasoned truck accident lawyer can identify the relevant agency and enlist a skilled maintenance or construction contractor to look into the cause of the unsafe condition and if it's applicable. An experienced attorney can identify various parties who could be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, like brakes and tires, coupling systems and cargo restraints. These equipments are designed to stand up to the rigors of use and should be assessed, maintained, and repaired to avoid failure. When something goes wrong, it can leave the driver of a truck in a position to control the vehicle and can result in serious or fatal collisions. Damaged parts and equipment for trucks could be the responsibility of several different entities that include the trucking firm as well as the manufacturer and the repair or parts dealer shop.
If an accident occurred because of a defective component or piece of equipment, the victim could seek damages for both economic and noneconomic damages. Economic damages can include current and future medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress, and traumatic brain injury. In certain circumstances, punitive damages can be given to penalize the defendant and prevent future mistakes.
Despite the best efforts of trucking companies and their drivers problems are inevitable. It is important to identify the parties responsible in order to pursue compensation for the loss.
The skilled lawyers at Burch law firm will assist those who have been in a truck accident. Contact us today to set up a complimentary consultation. Our lawyers will evaluate your case, identify liable parties and fight to get the compensation you're entitled to. tampa truck accident law firm can help you obtain compensation for medical expenses, lost wages, and emotional or physical suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day, 7 days a weeks to answer your call.
3. Improperly loaded Cargo
The cargo that trucks carry on the road may appear easy enough, however there are strict rules that drivers and loaders must adhere to when stacking and secure their loads. If they don't follow these guidelines, it could result in serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most common causes of truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be extremely dangerous since the cargo may create a hazard or obstacle on the road and cause other drivers to swerve. It can also fall onto people who are walking or riding a bicycle near the truck.
Based on the circumstances of the accident, there may be several parties at fault. If the driver was negligent when loading their cargo, for instance this person could be held accountable under the legal doctrine of respondeat superior. However, the trucking company that employs the driver could be held accountable, too, since it is accountable for the actions of its employees based on the principle of vicarious liability.
An experienced attorney for accidents involving trucks can use police reports and professional investigators to determine the cause 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 bring a lawsuit against for compensation for their loss. A successful claim can result in a settlement or verdict which gives victims the financial assistance they need to recover from the injuries they sustained.
4. Road conditions that are unsafe
Trucking companies and their drivers are obliged to keep their trucks in a good working condition, and when they do not, it can lead to serious accidents. Trucks often have mechanical parts which need to be inspected and replaced to allow them to work correctly. If this doesn't happen it can result in an unsafe and hazardous road.
Truck accidents can also be caused by dangerous weather or road conditions. Because of their size truck's size, they are more likely to be involved in accidents during stormy weather and on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the hours they can drive per day. These rules are intended 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.
Unsafe road conditions could include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues include poor lane markings like broken or solid lines of lane that confuse drivers about what lane they're in and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a truck accident happens due to poor road conditions, the trucking firm or the government agency that is responsible to maintain that road could be held accountable. It is crucial to prove that the party in question violated their obligation of care by creating unsafe conditions. This can be a result of negligent hiring and maintenance of the vehicle, and drug tests. California law permits victims to seek damages for medical bills as well as lost wages, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely dangerous for pedestrians walking along roads or in their yards. The majority of pedestrians are not protected from the massive size and weight of a large truck, and could suffer severe and often fatal injuries in these kinds of accidents.
In these cases an attorney for personal injury may seek compensation from the responsible party. In some cases the responsible party could be the truck driver who crossed a red light and hit the pedestrian. But in other cases it could be a trucking business which allowed the trucker to work longer than the time allowed by law or did not maintain the vehicle in a timely manner.
Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. This kind of accident is quite common in car accidents, but it can be deadly for truck drivers since they are higher and have more blind zones that are difficult to see.
If a pedestrian gets injured in a crash involving a truck and is injured, they may be awarded damages for medical expenses and loss of earnings, pain 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 moving over to the left side when the truck began to swerve) the amount they receive will be reduced according to. This is why it is crucial that you retain an experienced and knowledgeable personal injury lawyer to manage your case. Contact us today to get started.