Truck Accident Law
A competent truck accident lawyer possesses in-depth knowledge of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will look into evidence, including maintenance records of a trucking company that could be used to support a claim of negligence.
A NYC truck accident attorney can determine the negligent parties in your case and help you recover from your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is at fault in a collision between a truck and a passenger car is to study the behavior of the driver. A truck accident lawyer can utilize surveillance footage as well as witness testimony to determine which driver who is at fault.
Many locations have surveillance cameras. This includes most intersections, hotels, interchanges, gas stations and restaurants. This evidence can be used by a truck wreck lawyer to identify a potential defendant, especially if the driver was distracted or unobservant at the time of the incident.
In cases of truck accidents it could be that the driver was fatigued or even injured at the time of the accident. A thorough examination of the driver's track logs will reveal if they spent too long without rest or if they failed to adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and require regular rest breaks.
The trucking company could also be held accountable for the negligent actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep times and increasing their risk of accident, may also have contributed.
Government agencies responsible for maintaining roads may also be liable if a hazardous roadway caused the accident. A skilled truck accident lawyer can identify the appropriate agency and enlist a skilled maintenance or construction contractor to examine the root of the unsafe road and if it's applicable. An experienced attorney can identify the multiple parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including brakes and tires, coupling systems and cargo restraints. These items were designed to withstand the rigors of use and must be maintained and repaired to prevent failure. If something goes wrong it could make the driver of a truck unable to control the vehicle and may result in fatal or serious collisions. Damaged truck parts and equipment can be the fault of a number of entities which include the trucking company or the manufacturer, as well as the repair or parts dealer shop.
If an accident happened because of a defective component or piece of equipment, the injured person could pursue damages for economic and noneconomic damages. Economic damages can include future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and discomfort, traumatic brain injuries, and emotional anxiety. In some cases punitive damages may be awarded to punish the defendant and stop future negligent behavior.
Despite the best efforts of trucking companies and their drivers issues are inevitable. If this happens, it is important to determine the liable parties so that you can seek compensation for your loss.
The skilled lawyers at Burch law firm can help you in the event that you've been in a truck accident. Contact nebraska truck accident attorney to set up an appointment for a no-cost consultation. Our lawyers will examine the case, find responsible parties, and fight for the compensation you're due. We can help you obtain compensation to pay medical bills loss of wages, physical or mental suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day, 7 days a weeks to answer your call.
3. Unproperly Loaded Cargo
The cargo trucks transport on the road may seem easy enough, but there are strict rules that drivers and loaders must follow in terms of stacking and securing their loads. Failure to adhere to these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main reasons for truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the roadway. This is particularly dangerous because the cargo could create an obstruction or create a risk on the road, forcing other drivers to swerve or hit it. It can also fall onto people who are cycling or walking within the vicinity of the truck.
Based on the circumstances surrounding the accident, there may be multiple parties at fault. If a driver was negligent while loading their cargo, for example the driver could be held liable under the legal theory of respondeat superior. However the trucking company that employs that driver might be also liable because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
In instances where accidents occur due to improperly loaded or secured cargo, a seasoned truck accident lawyer will use professional investigators and police reports to determine what went wrong and who was responsible. An attorney from Cordisco and Saile LLC may help victims determine the appropriate defendants to file a claim against for compensation for their loss. A successful claim may result in a settlement or verdict which gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their trucks in good condition, and when they fail to follow this it could lead to serious accidents. There are many mechanical parts in trucks that need to be checked and replaced to allow them to function properly. If this isn't done, it could result in a dangerous and unsafe road.
The conditions of the road and weather can also trigger truck accidents. Due to their huge size, trucks are more likely to be involved in a crash when they drive in adverse weather conditions or on roads with a lot of water. Additionally truck drivers are required to follow strict Federal Motor Carrier Safety Administration rules regarding how long they can drive each day. These rules are meant to protect the public. However truckers who ignore them to meet deadlines or to get more money from their employers, they put the public at risk.
Unsafe road conditions may include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other problems can include inadequate lane markings, such as solid or broken lines that confuse drivers about the lane they're in, or merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident occurs because of road conditions that are not safe the trucking company or government agency that has the responsibility to maintain the road could be held responsible. The person who caused the unsafe conditions has to be proven to have breached its duty of care. This could include negligent hiring or maintenance of the vehicle, as well as testing for drugs. Under California law, the victims may get compensation for medical expenses as well as lost income, suffering, and loss of quality of life.
5. Injuries to pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along the streets or in their yards. The pedestrians aren't always protected from the weight and size of a truck and could suffer fatal or catastrophic injuries.
In these situations, an attorney for personal injury may seek compensation from the person who caused the injury. In some instances, this may be as straightforward as the truck driver if they ran a red light and struck the pedestrian, however in other cases, it could be the trucking company that allowed the trucker to work longer shifts than is permitted by law, failed to conduct proper maintenance on the vehicle, or even conducted an background check that could have revealed the history of unsafe driving behavior.
Distraction or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is common in car accidents, but it could be deadly for truck drivers due to the fact that they are higher and have a larger blind zone which are difficult to spot.
If a pedestrian gets injured in a crash involving a truck the pedestrian may be awarded damages for medical expenses as well as loss of earnings, suffering and property damage. However, there are cases where the plaintiff is found to be partly at fault for the crash due to their own actions, like not stepping over the left shoulder when a truck began to swerve, they could receive compensation that is reduced. This is why it's crucial that you retain an experienced and knowledgeable personal injury attorney to manage your case. Contact us now to begin.