Truck Accident Law
A lawyer who has expertise in the field is well-versed in the laws which govern truck drivers and trucking companies. They will look into and find evidence such as the maintenance records of the trucking company that may prove negligence.
A NYC truck accident lawyer in NYC can help you determine who is the fault in your situation and help you recover for your injuries.
1. Driver injured or fatigued
The most efficient method to determine who is responsible in a collision between an automobile and a car is to examine the behavior of the driver. A lawyer who handles truck accidents can look over the footage of surveillance and witness testimony to determine the driver who was at fault.
There are many places with surveillance cameras. This includes the majority of intersections, hotels, interchanges gas stations, restaurants and hotels. A skilled truck accident lawyer can make use of this evidence to identify potential defendants, particularly when the driver appeared unfocused or distracted during the time of the accident.
In the event of a truck accident, it is also possible that a driver was tired or injured during the time of the crash. The road logs of the drivers could reveal if they slept too little or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company may also be held liable for the negligent actions of their employee. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, while reducing their sleep and rest times and putting them at risk for accidents, may also have contributed.
If a dangerous road resulted in an accident, the government agency responsible for its maintenance can be held responsible. A knowledgeable truck accident lawyer can identify the relevant agency and enlist a skilled maintenance or construction contractor to look into the cause of the unsafe road and if it's applicable. A knowledgeable attorney can also identify the multiple parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including brakes and tires, coupling systems and cargo restraints. florida truck wreck lawyer of equipment are designed to withstand rigorous use and should be assessed, maintained, and repaired to prevent failure. When something goes wrong the driver may be unable to control their vehicle and this could result in fatal or even fatal accidents. The trucking company, manufacturer or parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
If an accident happened because of a malfunctioning part or piece of equipment, the injured party may seek damages for economic and noneconomic losses. Economic damages could include medical expenses now and in the future, loss of income and the loss of earning potential. Noneconomic damages may include discomfort and pain as well as brain injuries that are traumatic, and emotional anxiety. In certain cases, punitive damages can be awarded to punish the defendant and to prevent future mistakes.
Despite the best efforts by trucking companies and drivers, equipment malfunctions are a given. When this happens, it is crucial to identify the responsible parties in order to claim compensation for your losses.
If you've been injured in a truck crash and need help from an experienced attorney at Burch Law Firm can help. Contact us today to schedule an initial consultation for free. Our lawyers will review the case, identify the responsible parties, and fight to get the compensation you deserve. We can help you recover compensation to cover medical bills loss of wages, physical or mental suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days seven days a week to answer your calls.
3. Unloading Cargo Improperly
The cargo that trucks transport on the road may appear easy enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and securing their loads. If they don't follow these guidelines could lead to serious problems. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents.
The majority of these truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This is especially dangerous because the cargo can cause a danger or obstruction on the road and cause other drivers to swerve. It may also fall on people who are walking or riding a bicycle near the truck.
Depending on the way in which the accident occurred, multiple parties may be at fault. If a driver was negligent while loading his or her cargo, for example, that person might be held responsible under the legal doctrine of respondeat superior. The trucking company who employed the driver could also be held accountable, as it is responsible for its employees' actions in the spirit of vicarious responsibility.
In cases in which accidents occur due to improperly loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was responsible. A Cordisco & SAIL LLC attorney will assist victims to determine the defendants they should submit a claim to compensation against. A successful claim can result in a settlement or verdict which will give victims the financial assistance they require to recuperate.
4. Road conditions that are unsafe
The drivers and trucking companies are required to keep their trucks in good working condition, and when they do not it could lead to serious accidents. To ensure that trucks function properly, mechanical components are often inspected and replaced. If this is not done, it can result in a dangerous and unsafe road.
The road and weather conditions can cause truck accidents too. Due to their huge dimensions, trucks are more likely to be involved in a crash if they drive in adverse weather conditions or on roads with a lot of water. In addition, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These rules are intended to safeguard the public. However truckers who do not follow these rules in order to meet deadlines, or to get more money from employers, they are putting the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues can be due to inadequate lane markings, such as broken or solid lines that confuse drivers about the lane they're in, and merging ramps that are not long enough for large vehicles to safely switch lanes.
If a truck accident happens because of poor road conditions the trucking company or government agency that has the responsibility to maintain that road may be held accountable. It is imperative to prove that the party who caused the accident violated their duty of care by creating unsafe conditions. This may include negligent hiring and maintenance of the vehicle, or drug tests. Under California law, the victims may recover damages for their medical expenses and lost income, pain, and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or in their own yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and could be severely injured or killed.
In these types of cases the personal injury attorney will pursue compensation from any party that was negligent. In some cases, the negligent party may be the truck driver who ran a red light and struck the pedestrian. However, in other cases it could be a trucking company which allowed the trucker to work longer than the law allowed or failed to maintain the vehicle in a proper manner.
Distraction or inattention are two of the most frequent causes of accidents involving pedestrians and trucks. Although this type of incident is not uncommon in any car accident, it may be more dangerous due to the fact that truck drivers are usually higher in their cabs, and have larger blind spots which are difficult to spot.
A pedestrian injured in a car crash may be awarded compensation for medical expenses, lost earnings, pain and discomfort, and property damage. In certain cases, the plaintiff is determined to be partially accountable for the incident because of their own actions (such as not moving over to the left side when the truck started to slow down) the amount they receive will be reduced according to. It is important to hire an injury lawyer who is skilled and experienced to handle your case. Contact us now to begin.