Truck Accident Law
A truck accident lawyer with expertise in the industry has a thorough understanding of the laws that govern truck drivers and trucking companies. They will investigate and uncover evidence like maintenance records of the trucking company that could support a negligence claim.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault for your incident and help you recover for your injuries.
1. Fatigued or injured driver
The most efficient method to determine who is at fault in a collision between two vehicles, a truck and a car is to look at the driver's behavior. An attorney for truck accidents can make use of surveillance footage and witness testimonies to determine the driver at fault.
A lot of places have surveillance cameras. This includes the majority of 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 unobservant at the time of the incident.
In the event of a truck accident the driver may be injured or fatigued at the time of the incident. A thorough review of the driver's road logs can reveal if they went too long without sleep or did not follow Motor Carrier Safety Regulations that restrict the amount of time that truckers spend on the road and demand regular rest breaks.
The trucking company may also be held accountable for the negligent actions of their employees. A negligent hiring or training practice might have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as possible, which can result in a reduction in rest and sleep time, and thereby increasing the risk of being involved in an accident.
If a hazardous road resulted in an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who is knowledgeable can identify the responsible agency and engage a construction or maintenance contractor with experience to look into the cause of any unsafe conditions, if applicable. A knowledgeable attorney can also identify multiple parties that may be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, such as brakes, tires, coupling systems, and cargo restraints. These pieces of equipment were created to withstand heavy use and should be maintained and repaired to prevent failure. If something goes wrong it can leave the truck driver unable control the vehicle, and could cause fatal or serious collisions. The trucking company, the manufacturer or parts dealer, or repair shop can all be responsible for defective truck parts and equipment.
When an accident occurs because of an equipment or component, the injured party can seek compensation for both financial and non-economic damages. Economic damages are a combination of future and present medical expenses loss of income, loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic, and emotional distress. In certain circumstances punitive damages can be available to punish the defendant to stop similar negligence from occurring in the future.
Despite the best efforts of trucking companies and their drivers, some equipment issues will always arise. It is important to identify the responsible parties to pursue compensation for your loss.
If you've been injured in a truck crash the skilled attorneys at Burch Law Firm can help. Contact us today for an appointment at no cost. Our lawyers will evaluate your case, identify liable parties and fight to get the compensation you're entitled to. We can assist you in obtaining compensation to cover medical bills or lost wages, as well as physical or emotional suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available to take your calls 24 hours a day, seven days a week.
3. Unloading Cargo Improperly
Loaders and drivers of trucks must adhere to strict guidelines when it comes to stacking and securing the cargo they transport on the road. Failure to adhere to these guidelines can cause serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading causes of truck accidents.
Most of these truck accidents result from cargo falling off the truck onto roads or other vehicles. This can be especially dangerous due to the fact that the cargo may create an obstruction or create a risk on the road, forcing other drivers to swerve or to crash into it. It could also fall on people who are walking or riding a bike in the vicinity of the truck.
Based on the circumstances of the accident, there may be multiple parties at fault. If a driver was negligent while loading his or her cargo, for example the driver could be held accountable under the legal theory of respondeat superior. However the trucking company that employs the driver could be also liable since it is accountable for the actions of its employees according to the principle of vicarious liability.
In the event that an accident happened because of improperly loaded or secured cargo, an experienced 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 may result in a settlement or a verdict which provides victims with the financial support they require to recover from their injuries.
4. Road conditions that are unsafe
The drivers and trucking companies are obliged to keep their trucks in good condition. If they fail to follow this they could cause serious accidents. To ensure that trucks function correctly, mechanical parts are regularly checked and replaced. If this isn't done, it could result in a dangerous and unsafe road.
Truck accidents can also be caused by dangerous weather and road conditions. Due to their size trucks are more prone to be involved in accidents during 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 can drive per day. These rules are intended to protect the public. However truckers who do not follow them to meet deadlines, or to get more money from employers, they are putting the public at risk.
Unsafe road conditions can include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues could be caused by inadequate road markings, such solid or broken lines that confuse the driver about the lane they're in, and merging ramps that are too short for large vehicles to safely change lanes.
If a car accident occurs because of road conditions that are poor the trucking firm or government agency that is responsible for maintaining the road could be held responsible for the occurrence. The person who caused the dangerous conditions must be proven to have violated its obligation of care. This could be due to negligent hiring, vehicle maintenance, and testing for drugs. California law allows victims to seek damages for medical expenses and lost wages, as well as suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or in their yards. Pedestrians typically have no protection from the enormous size and the weight of a truck and may suffer devastating injuries, which are often fatal, from such crashes.
In these cases an attorney for personal injury will seek compensation from any party who was negligent. In some cases, this may be as easy as the truck driver who ran an intersection and struck the pedestrian, however in others it could be the trucking company that permitted the trucker to work longer shifts than required by law, did not perform proper maintenance on the vehicle, or conducted an examination of their background that would have found a history of unsafe driving habits.
Accidents involving trucks and pedestrians are usually result from the driver's inattention or distraction. This kind of accident is very common in car accidents, but it could be fatal for truck drivers because they are higher in the air and have larger blind zones which are difficult to spot.
A pedestrian who is injured in a crash with a truck can receive damages for medical expenses and lost earnings, as well as discomfort and pain, and property damage. In certain cases, the plaintiff is determined to be partially at fault for the incident due to their own actions (such as not moving over to the left side when the truck started to slow down) their compensation could be reduced in proportion. It is crucial to find a personal injury lawyer who is experienced and knowledgeable to take care of your case. Contact bellflower truck accident lawyer to get started.