Truck Accident Law
A lawyer who has expertise in the industry has a thorough understanding of the laws which govern truck drivers and trucking firms. They will conduct an investigation and discover evidence, such as maintenance records of the trucking firm that could be evidence of negligence.
A NYC truck accident lawyer in NYC can help you determine who is the fault in your situation and help you recover your injuries.
1. Fatigued or injured driver
The easiest way to determine who is at fault in a collision between the truck and a passenger vehicle is to scrutinize the driver's behavior. A truck accident lawyer can make use of surveillance footage and testimony from witnesses to determine the driver who is at fault.
Many places are equipped with surveillance cameras, including most intersections and interchanges as well certain gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if a driver was distracted or unobservant at the time of the accident.
In truck accidents the driver could 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 did not follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company could also be held accountable for the negligent acts of their employee. 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, which in turn reduces their rest and sleep times and increasing their accident risk, may also have contributed.
If a road that is dangerous caused an accident the government agency responsible for its maintenance can be held accountable. A truck accident lawyer who is knowledgeable will identify the person responsible and hire an expert in construction or maintenance who is experienced to investigate the cause of any unsafe conditions in the event of a case. A skilled attorney can determine which parties could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, including the brakes, tires, coupling systems and cargo restraints. These equipments are designed to endure rigorous use and should be inspected, maintained, and repaired to prevent failure. When something goes wrong, it can leave the driver of a truck in a position to control the vehicle, and could result in serious or fatal collisions. The trucking company, manufacturer, parts dealer or repair shop may be held accountable for the defective truck parts and equipment.
If an accident occurred because of a defective part or piece of equipment, the injured party could seek compensation for economic and noneconomic damages. Economic damages can include medical expenses today and in the near future, lost income and loss of earning potential. Noneconomic damages include pain and discomfort or traumatic brain injuries and emotional distress. In certain cases punitive damages can be available to punish the defendant in order to stop similar mistakes from occurring again.
Despite the best efforts of trucking companies and their drivers, certain equipment problems will arise. It is essential to identify the responsible parties in order to seek compensation for your loss.
If you've been involved in a collision with a truck, the experienced attorneys at the Burch Law firm can assist. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will examine your case, identify liable parties and fight to obtain the compensation you're entitled to. We can help you obtain compensation to pay medical bills, lost wages, and physical or emotional suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls anytime, seven days a week.
3. Unloading Cargo Incorrectly
The cargo that trucks transport on the roads may seem straightforward enough, but there are strict rules that loaders and drivers must adhere to when stacking and secure their loads. If they don't follow these guidelines can cause serious issues. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the leading causes of truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the roadway. This can be particularly dangerous because the cargo can cause a danger or an obstacle on the road and force other drivers to swerve. It may also fall onto pedestrians or riders on bicycles in the vicinity of a truck.
Depending on how the accident occurred, multiple parties may be at fault. A driver who was negligent when loading his cargo may be held responsible according to the legal doctrine of respondeat superior. However the trucking company that employs that driver might be also liable because it is liable for the actions of its employees under the principle of vicarious liability.
An experienced lawyer for truck accidents can utilize police reports and professional investigators to determine the cause of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco & Saile LLC can help victims determine the appropriate defendants to bring a lawsuit against for compensation for their loss. A successful claim may result in a settlement or a verdict that provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their trucks in a good working condition. If they fail to do this, it can lead to serious accidents. To ensure that trucks work correctly, mechanical components are frequently checked and replaced. If this isn't done, it can lead to a dangerous and unsafe road.
Truck crashes can also be caused by hazardous weather and road conditions. Because of their size truck's size, they are more likely to be involved in crashes during bad conditions and on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are permitted to drive each day. These rules are meant to protect the public. However truckers who ignore these rules to meet deadlines or to make more money 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 can cause skidding. Other issues can be due to inadequate lane markings, such as solid or broken lines that confuse the driver on which lane they're in, and merging ramps that aren't long enough for large vehicles to safely change lanes.
If a truck crash occurs due to poor road conditions, the trucking firm or government agency that has the responsibility to maintain the road could be held liable. The person who caused the dangerous conditions needs to be proven to have breached its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. In accordance with California law, victims are able to get compensation for medical bills as well as lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along roadways or even in their own yards. People who walk on foot are usually not protected from the enormous size and the weight of a truck and can suffer catastrophic and often fatal injuries in these types of crashes.
In these situations an attorney who is able to handle personal injury will seek to recover compensation from the person who caused the injury. In some cases, this may be as easy as the truck driver who ran at a red light and hit the pedestrian, however in other cases, it could be the trucking company that allowed the trucker to work longer shifts than allowed by law, did not perform proper maintenance on the vehicle, or conducted an examination of their background that would have revealed an occurrence of unsafe driving behavior.
Inattention or distraction are the most frequent causes of accidents involving pedestrians and trucks. This type of accident is common in car accidents, but it can be deadly for truck drivers as they are higher up and have larger blind zones that are difficult to discern.
A pedestrian injured in a collision with a truck may be awarded compensation for medical expenses and lost earnings, as well as discomfort and pain, as well as property damage. In some cases, the plaintiff is determined to be partially 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), their compensation can be reduced in proportion. hawthorne truck accident lawyer is important to select a personal injury lawyer who is experienced and knowledgeable to handle your case. Contact us now to begin.
