Truck Accident Law
A lawyer who has experience in the field has a thorough understanding of the laws which govern truck drivers and trucking firms. They will conduct an investigation and discover evidence like maintenance records of the trucking company that could prove negligence.
A NYC truck accident attorney can determine who is at fault in your case and help you recover from your injuries.
1. Fatigued or injured driver
The easiest way to determine who is at fault in a collision between the truck and a passenger vehicle is to scrutinize the driver's behavior. A lawyer who handles truck accidents can examine surveillance footage and witness statements to pinpoint the driver who was at fault.
A lot of places are equipped with surveillance cameras, including the majority of intersections and interchanges as well certain gas stations, hotels, restaurants, and other establishments. A skilled truck accident lawyer could use this evidence to identify the potential defendant, particularly if the driver seemed inattentive or distracted during the time of the accident.
In the event of a truck crash, it is possible that the driver was fatigued or even injured at the time of the crash. The road logs of drivers can reveal whether they had a sleepless night or did not follow 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 accountable for negligent acts of their employee. A negligent hiring or training method could have contributed to this accident, as could policies that encourage drivers to remain on the road for as long as is possible, minimizing their sleep and rest time and thereby increasing the risk of being involved in an accident.
Government agencies that are responsible for maintaining roads may also be responsible if a hazardous road contributed to the accident. A knowledgeable lawyer for truck accidents will identify the relevant agency and enlist a skilled maintenance or construction contractor to investigate the cause of the unsafe road and, if appropriate, to determine the cause. An experienced attorney can pinpoint several parties that could be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents happen because of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were created to withstand the rigors of use and must be properly maintained and repaired to avoid failure. When something goes wrong the trucker might not be able to control their vehicle, and this could result in fatal or even fatal accidents. The trucking company, the manufacturer, parts dealer or repair shop can all be responsible for defective truck parts and equipment.
If an accident happens because of a defective piece of equipment or part the person who was injured can seek damages for both economic and non-economic damages. Economic damages include current and future medical expenses, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic emotional distress. In certain instances, punitive damages can be given to punish the defendant and to prevent future recklessness.
Despite the best efforts by trucking companies and drivers equipment issues will always occur. If this happens, it's crucial to identify the responsible parties so that you can claim compensation for your loss.
akron truck accident attorney experienced attorneys at Burch law firm will assist you if you've been in a truck accident. Contact us today to set up a complimentary consultation. Our lawyers will review your case, identify the responsible parties, and fight to secure the compensation you deserve. We can help you obtain compensation for medical expenses and lost wages at work as well as physical and emotional suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available to take your calls anytime and seven days a semaine.
3. Improperly loaded Cargo
Drivers and loaders of trucks must adhere to strict rules regarding stacking and securing the cargo they transport on the roads. If they don't follow these guidelines, it can lead to serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the main causes of truck accidents.
The majority of these truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This can be especially dangerous because the cargo might create an obstacle or hazard on the road, forcing other drivers to swerve or hit it. It could also fall on pedestrians who are biking or walking near the truck.
Based on the circumstances surrounding the accident, there may be several parties at fault. A driver who was negligent when loading his or her cargo might be held liable under the legal theory respondeat superior. The trucking company that employed that driver could also be held accountable, as it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced truck accident attorney can make use of police reports and professional investigators to identify the cause of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining who they should submit a claim to compensation against. A successful claim can result in a verdict or settlement that will provide victims with the funds they require to cover the costs of.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their trucks in a good working condition, and when they fail to follow this it could lead to serious accidents. To ensure that trucks operate correctly, mechanical parts are regularly checked and replaced. If this is not done, it can cause a dangerous and unsafe road.
The cause of truck crashes is caused by dangerous weather or road conditions. Because of their dimensions, trucks are more likely to be involved in crashes when they drive in bad conditions or on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the hours they can drive per day. These rules are intended to protect the public, but when truck drivers ignore them in order to meet deadlines, or to get more money from their employers, it puts the public at risk.
Unsafe road conditions include slick roads that hinder tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues are inadequate lane markings like broken or solid lane lines that cause confusion for drivers about which lane they're on, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
When a truck accident happens due to road conditions that are not safe, the trucking firm or government agency responsible for maintaining the road could be liable for the occurrence. The party responsible for creating the unsafe conditions has to be proven guilty of breaching its obligation of care. This could include negligent hiring, vehicle maintenance, and testing for drugs. California law allows victims to seek damages for medical expenses as well as lost wages, suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck and could be terribly injured or killed.
In these cases an attorney for personal injury may seek compensation from the party who was negligent. In some instances the negligent party could be the truck driver who crossed a red light and struck a pedestrian. But in other cases it could be a trucking business that allowed the trucker to work longer than the law allows, or failed to maintain the vehicle in a timely manner.
Inattention or distraction are the most common causes of accidents involving trucks and pedestrians. This kind of accident is quite common in car accidents, but it can be fatal for truck drivers due to the fact that they are higher in the air and have greater blind zones which are difficult to spot.
A pedestrian who is injured in a truck crash can receive damages for medical expenses as well as lost earnings, discomfort and pain, and property damage. In certain cases, the plaintiff is found partly accountable for the incident due to their own actions (such as not turning over to the left side when the truck began to accelerate) the amount they receive will be reduced in proportion. This is why it is important to hire an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us today to start.