Truck Accident Law
A truck accident lawyer with expertise in the field is well-versed in the laws that govern truck drivers as well as trucking companies. They will look into and find evidence such as the maintenance records of the trucking company that could be evidence of negligence.
A NYC truck accident lawyer can help you determine who is the fault in your situation and help you recover your injuries.
1. Injured or fatigued Driver
If a car that is a passenger is involved in a collision with a truck the most effective way to determine who is at fault is to scrutinize the driver's actions and demeanor. A lawyer who handles truck accidents will review surveillance footage and witness statements to determine who was responsible for the accident.
Many locations have surveillance cameras. This includes all intersections hotels, interchanges gas stations, restaurants, and hotels. This evidence can be used by a truck accident lawyer to identify a potential defendant, especially if the driver was distracted or unobservant at the time of the incident.
In the event of a truck accident the driver could have been fatigued or injured at the time of the accident. The road logs of drivers will show 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 be held responsible for the reckless actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep hours and thereby increasing their risk of being injured could also have contributed to.
If oxnard truck accident lawsuit caused an accident the government agency responsible for its maintenance can be held accountable. A skilled truck accident lawyer can identify the appropriate agency and hire an experienced maintenance or construction contractor to examine the root of the unsafe road, if applicable. A skilled attorney can determine the various parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including brakes and tires, coupling systems and cargo restraints. These pieces of equipment were designed to withstand heavy use and should be maintained and repaired to avoid failure. If something goes wrong, it could render the driver of a truck in a position to control the vehicle, and could cause fatal or serious collisions. Incorrect truck parts and equipment may be the fault of several entities, including the trucking company, the manufacturer, and the repair or parts dealer shop.
If an accident occurs because of a defective piece of equipment or component that is damaged, the victim can seek compensation for both economic and non-economic damages. Economic damages can include medical expenses both now and in the future, lost income and the loss of earning potential. Noneconomic damages could include discomfort and pain and brain injuries that cause trauma and emotional distress. In certain cases punitive damages might be available to punish the defendant in order to prevent similar wrongful acts from happening in the future.
Despite the best efforts of trucking companies and drivers, equipment malfunctions are a given. If this happens, it is important to determine the liable parties in order to claim compensation for your loss.
If you've been in a truck collision The experienced lawyers at Burch Law Firm are able to assist. Contact us today to schedule a free consultation. Our lawyers will evaluate your case, identify liable parties and fight to get the compensation you're entitled to. We can help you obtain compensation for medical bills as well as lost wages from work, as well as physical and emotional 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 phone.
3. Improperly Loaded Cargo
The cargo trucks transport on the road might seem easy enough, however there are strict rules that loaders and drivers must adhere to when stacking and securing their loads. Failure to follow 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 reasons for truck accidents.
Most of these truck accidents result from cargo falling off the truck onto roads or other vehicles. This is especially risky because the cargo could create an obstacle or hazard on the road, forcing other drivers to swerve or crash into it. It may also fall onto people walking or riding bikes in the vicinity of trucks.
Based on the circumstances surrounding the accident, there may be several parties at fault. A driver who was negligent when loading his cargo may be held accountable according to the legal doctrine 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 based on the principle of vicarious liability.
In instances where accidents occur due to improperly loaded or secured cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who is at fault. A Cordisco and SAIL LLC lawyer can help victims determine the defendants they should submit a claim to compensation against. A successful claim could result in a settlement or verdict which gives victims the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their trucks in good working condition. If they fail to do so, it can lead to serious accidents. There are many mechanical parts in trucks that require to be examined and replaced in order for them to function correctly. If this is not done, it could result in a dangerous and unsafe road.
The conditions of the road and weather can also cause truck crashes. Due to their size trucks are more prone to be involved in crashes during bad conditions and on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration rules about the amount of time they can drive per day. These regulations are designed to safeguard the public. However truckers disregard them in order to meet deadlines or to get more money from employers, they place the public at risk.
Unsafe road conditions can include slick pavement that stops tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include insufficient lane markings like broken or solid lane lines that confuse drivers about which lane they're on, and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a car accident occurs because of poor road conditions the trucking company or government agency accountable to maintain the road could be held liable. It is necessary to prove that the party who caused the accident violated their duty of care in creating unsafe conditions. This can include negligent hiring, maintenance of the vehicle, or drug screenings. California law allows victims to recover damages for medical bills as well as lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians on the streets or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and could suffer fatal or catastrophic injuries.
In these kinds of cases in these types of cases, a personal injury lawyer will seek compensation from the party that was negligent. In certain cases the negligent party could be the driver of the truck who ran a red signal and struck the pedestrian. In other instances it could be a trucking firm that allowed the trucker to work longer than the time allowed by law or failed to maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks tend to be caused by the driver's lack of attention or distraction. While this type of incident is not uncommon in any car crash, it can be more fatal due to the fact that truck drivers are typically higher in their cabs, and have larger blind spots that are hard to see.
A pedestrian injured in a car crash may be awarded compensation for medical expenses, lost earnings, discomfort and pain, and property damage. In some cases, the plaintiff is found to be partially accountable for the incident due to their own actions (such as not stepping over to the left side when the truck began to swerve) their compensation could be reduced in proportion. This is why it is vital to choose an experienced and knowledgeable personal injury attorney to handle your case. Contact us now to begin.