Truck Accident Law
A competent truck accident lawyer possesses in-depth knowledge of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will look into and find evidence like maintenance records of the trucking company which could be evidence of negligence.
A NYC truck accident lawyer can determine the responsible parties in your case, and help you recover from your injuries.
1. Fatigued or Injured Driver
The simplest method to determine who is responsible in a collision between two vehicles, a truck and a car is to study the driver's behavior. A lawyer for truck accidents can look over the footage of surveillance and witness testimony to determine the driver who was at fault.
Many locations have surveillance cameras. This includes many intersections interchanges, hotels gas stations and restaurants. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if the driver was distracted or unobservant at the time of the accident.
In the case of truck accidents it is also possible that the driver was tired or injured during the time of the accident. A thorough review of the driver's logs will reveal if they spent too long without sleeping or failed to 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 could also be held responsible for the negligent actions of their employee. A negligent hiring or training practice could have contributed to this accident, as could policies that encourage drivers to stay on the road for as long as they can, minimizing their sleep and rest time and increasing their risk of an accident.
Government agencies that are responsible for maintaining roads may also be accountable if a dangerous road caused the accident. A truck accident lawyer who is knowledgeable can identify the responsible agency and hire a construction or maintenance contractor with experience to look into the cause of any unsafe conditions and, if necessary, to determine the cause. A seasoned 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, like brakes as well as the coupling system, tires, and cargo restraints. These pieces of equipment were created to withstand heavy usage and should be maintained and repaired to prevent failure. If something goes wrong, the trucker might not be able to control their vehicle, and this could lead to tragic or fatal accidents. The trucking company, manufacturer or parts dealer, or repair shop can all be accountable for the malfunction of truck parts and equipment.
If an accident occurred as a result of a defective component or piece of equipment, the person injured could seek damages for both economic and noneconomic losses. Economic damages include future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages could include pain and discomfort or traumatic brain injuries and emotional distress. In certain instances, punitive damages may be given to penalize the defendant and prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers, some equipment issues are inevitable. It is crucial to identify the responsible parties to seek compensation for the losses.
If you've been injured in a truck crash the skilled attorneys at the Burch Law Firm can help. Call us today to arrange an initial consultation for free.
lincoln truck accident lawyer
Links to an external site. will examine your case, find liable parties and fight to get the compensation you are entitled to. We can help you get compensation for medical expenses as well as lost wages and emotional or physical suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days all week long to answer your calls.
3. Improperly Loaded Cargo
The cargo trucks transport on the roads may seem straightforward enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and securing their loads. Failure to adhere to these guidelines could result in serious issues. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the leading causes of truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto roadways or other vehicles. This is particularly risky because the cargo can create a hazard or obstacle on the road, and force other drivers to slow down. It could also fall on people who are cycling or walking within the vicinity of the truck.
Based on the manner in which the incident was triggered, several parties could be at fault. A driver who was negligent when loading his or her cargo might be held accountable according to the legal doctrine of respondeat superior. However the trucking company which employs that driver might be also liable because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
In cases where an accident happened because of unsecurely loaded or secured cargo, a seasoned truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who was at fault. An attorney from Cordisco & Saile LLC can assist victims in determining the right defendants to pursue a claim against in order to obtain compensation for their losses. A successful case could result in a settlement or verdict that can provide victims with the money they require to recuperate.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, share a responsibility to maintain their trucks in good working order. Failure to do so can lead to serious accidents. To ensure that trucks work properly, mechanical components are often checked and replaced. If this isn't the case, the result is an unsafe and dangerous road.
The cause of truck crashes is caused by weather conditions or road conditions. Because of their size, trucks are more likely to be involved in accidents during stormy weather and on wet roads. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are allowed to drive in a day. These rules are intended to protect the public, but if truck drivers ignore them to meet deadlines or make more money from their employers, they put the public at risk.
Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues could be caused by inadequate markings for lane, such as solid or broken lines that confuse drivers about which lane they are in, and merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck accident occurs because of poor roadway conditions the trucking company, or the government agency responsible for maintaining that road could be held accountable for the incident. It is necessary to prove that the party who caused the accident violated their duty of care by causing hazardous conditions, and this can include negligent hiring or maintenance of the vehicle, and drug screenings. Under California law, the victims may recover damages for their 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 who walk along roads or even in their yards. The majority of pedestrians are not protected from the size and weight of a truck and they can sustain catastrophic or even fatal injuries from these kinds of accidents.
In these kinds of cases the personal injury attorney will seek compensation from any party that was negligent. In some instances the party who was negligent could be the driver of the truck who ran a red flag and hit the pedestrian. However, in other cases it could be a trucking firm that allowed the trucker to work longer than the law allowed or failed to maintain the vehicle in a proper manner.
Distraction or inattention are among the most frequent causes of accidents involving pedestrians and trucks. This type of accident happens frequently in car accidents, but it can be deadly for truck drivers as they are higher up and have greater blind zones which are difficult to perceive.
If a pedestrian is injured in a truck accident and is injured, they may be awarded damages for medical expenses as well as loss of earnings, pain and suffering, as well as property damage. In some instances, the plaintiff is determined to be partially responsible for the accident because of their own actions (such as not turning over to the left side when the truck started to swerve) the amount they receive will be reduced according to. It is crucial to find an attorney for personal injuries who is knowledgeable and experienced to manage your case. Contact us today to start.