Truck Accident Law It's Not As Hard As You Think
Truck Accident Law
A lawyer who has experience in the field has a thorough understanding of the laws that govern truck drivers and trucking companies. They will look into and find evidence like maintenance records of the trucking company which could prove negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is responsible for your accident and assist you in recovering your injuries.
1. Fatigued or Injured Driver
When a vehicle driven by a person is involved in a collision with a truck the most effective method to determine the liability is to look at the driver's actions and demeanor. A lawyer who handles truck accidents can review video surveillance footage and witness testimony to pinpoint the driver who was responsible for the accident.
Many places have surveillance cameras. This includes all intersections interchanges, hotels gas stations, restaurants, and hotels. This evidence can be utilized by a truck accident lawyer to identify a potential defendant, particularly if a driver was distracted or not paying attention at the moment of the accident.
In the event of a truck accident the driver could have been injured or fatigued at the time. The road logs of drivers could reveal if they had a sleepless night or did not observe 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 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, while reducing their rest and sleep hours and putting them at risk for accidents could also have contributed to.
If a dangerous road contributed to an accident, the government agency accountable for maintaining it may be held accountable. springfield truck accident lawsuit can identify the relevant agency and hire an experienced maintenance or construction contractor to investigate the cause of the unsafe condition in the event that it is applicable. A skilled attorney can identify the multiple parties that could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, like brakes and tires, coupling systems and cargo restraints. These pieces of equipment are designed to endure rigorous usage and must be assessed, maintained, and repaired to prevent failure. When something goes wrong, the driver may be unable to control their vehicle and this could lead to tragic or fatal accidents. The problem with defective truck parts and equipment may be the fault of a variety of entities that include the trucking firm and the manufacturer as well as the repair or parts dealer shop.
When an accident occurs because of a malfunctioning piece of equipment or component the injured party may seek compensation for both economic and noneconomic losses. Economic damages could include medical expenses now and in the future, lost income and the loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury emotional distress, and traumatic brain injury. In certain cases, punitive damages are awarded to punish the defendant and to prevent future negligence.
Despite the best efforts of trucking companies and their drivers, some equipment problems are inevitable. If this happens, it's important to determine the liable parties in order to seek compensation for your loss.
The skilled lawyers at Burch law firm can assist you if you've been involved in a truck crash. Call us today to arrange a free consultation. Our lawyers will review the case, identify the responsible parties and fight for the compensation you're due. We can help you obtain compensation to cover medical bills or lost wages, as well as physical or mental suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available to take your calls all day all week long.
3. Unloading Cargo Improperly
The cargo that trucks transport on the road may seem easy enough, but there are strict rules that drivers and loaders must adhere to when stacking and secure their loads. If they don't follow these guidelines could lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the main reasons for truck accidents.
Many of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be extremely dangerous because the cargo can cause a danger or an obstacle on the road, and force other drivers to swerve. It could also fall on pedestrians or riders on bicycles in the vicinity of a truck.
Based on the circumstances surrounding the accident, there may be several parties at fault. If an individual driver was negligent in loading his or her cargo, for instance, that person might be held responsible under the legal doctrine of respondeat superior. The trucking company employing that driver may also be liable for its actions, since it is responsible for its employees' actions under the principle of vicarious accountability.
In cases where an accident happened because of improperly loaded or secured cargo, a seasoned truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who was responsible. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to make a claim against to seek compensation for their loss. A successful case could result in a settlement or verdict that provides victims with the money they require to recover.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their trucks in good condition. If they fail to do so it could result in serious accidents. There are many mechanical parts in trucks that need to be checked and replaced to allow them to work correctly. If this is not done, it could result in a dangerous and unsafe road.
The weather and road conditions can also lead to truck crashes. Because of their size truck's size, they are more likely to be involved in accidents during stormy conditions and on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the hours they are allowed to drive in a day. These rules are intended to protect the public, but when truck drivers ignore them in order to meet deadlines, or to earn more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems include inadequate markings for lane lines, such as broken or solid lane lines that cause confusion for drivers about which lane they're on, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
If a truck accident occurs because of road conditions that are poor, the trucking company, or the government agency responsible for maintaining the road may be held liable for the incident. The party responsible for creating the dangerous conditions must be proven guilty of violating its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. Under California law, victims can seek compensation for medical bills as well as lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians walking along roads or even in their yards. The majority of pedestrians are not protected from the massive size and weight of a truck, and can suffer catastrophic injuries, which are often fatal, from such crashes.
In these instances an attorney who is able to handle personal injury will seek to recover compensation from the responsible party. In some instances the party who was negligent could be the truck driver who ran a red light and struck a pedestrian. However, in other cases it could be a trucking company which allowed the trucker work longer than the time allowed by law or did not maintain the vehicle in a proper manner.
Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. Although this type of incident is common with any car accident, it could be more dangerous due to the fact that truck drivers are generally higher in their cabs, and have more blind areas that are hard to see.
When a pedestrian is injured in a crash involving a truck and is injured, they may be awarded damages for medical bills and loss of earnings, pain and suffering, as well as property damage. In some instances, where the plaintiff is found to be partly responsible for the crash because of their own actions, such as not stepping over to the left shoulder when a truck began to swerve, they can receive compensation that is reduced. It is crucial to find an attorney for personal injuries that is experienced and knowledgeable to manage your case. Contact us now to begin.