Truck Accident Law
A competent truck accident lawyer is knowledgeable about the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. They will investigate and uncover evidence such as maintenance records of the trucking company which could be evidence of negligence.
A NYC truck accident lawyer in NYC can determine the responsible parties in your case, and help you recover from your injuries.
1. Injured or fatigued Driver
The easiest way to determine who is responsible in a collision between two vehicles, a truck and a car is to examine the driver's behavior. An attorney for truck accidents can use surveillance footage and witness testimonies to determine the driver who is at fault.
Many places are equipped surveillance cameras, including most interstates and interchanges, as well certain gas stations, hotels restaurants, and other establishments. A skilled truck accident lawyer can use this evidence to identify a potential defendant, particularly when the driver seemed unobservant or distracted at the time of the crash.
In the event of a truck accident the driver may have been fatigued or injured at the time. 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 firm could be held accountable for the negligent actions of their employees. A negligent hiring or training process could have contributed to the accident, as could policies that encourage drivers to drive for as long as is possible by limiting their rest and sleep time and thereby increasing the chance of being involved in an accident.
If a hazardous road resulted in an accident, the government agency accountable for maintaining it may be held responsible. A truck accident lawyer who is well-versed can identify the responsible agency and hire an expert in construction or maintenance who is experienced to investigate the root of any unsafe conditions, if applicable. A knowledgeable attorney can identify multiple parties that may be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including the brakes and tires, coupling systems and cargo restraints. These items were designed to withstand heavy usage and must be properly maintained and repaired to prevent failure. When something goes wrong it could render a truck driver unable to control the vehicle, and could result in fatal or serious collisions. Defective truck parts and equipment could be the fault of a variety of entities that include the trucking firm as well as the manufacturer and the parts dealer or repair shop.
If an accident happens because of an equipment or a component the person who was injured can seek compensation for both financial and non-economic losses. Economic damages include medical expenses today and in the near future, loss of income and the loss of earning potential. Noneconomic damages could include pain and discomfort, traumatic brain injuries, and emotional anxiety. In certain circumstances punitive damages can be available to punish the defendant in order to prevent similar negligence from occurring in the future.
Despite pearland truck accident attorney by trucking companies and drivers equipment issues will always occur. When this happens, it's 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 if you've been involved in a car accident. Contact us today for an appointment for a no-cost consultation. Our lawyers will evaluate your case, identify liable parties, and fight to secure the compensation you're entitled to. We can assist you in obtaining compensation to cover medical bills, lost wages, and emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are ready to take your calls anytime 7 days a week.
3. Improperly loaded Cargo
The cargo that trucks transport on the road may appear easy enough, but there are strict regulations that loaders and drivers must adhere to when stacking and securing their loads. Infractions to these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the leading causes of truck accidents.
The majority of truck accidents result from cargo falling off the truck onto roadways or other vehicles. This is especially dangerous because the cargo can create a hazard or obstacle on the road and cause other drivers to swerve. It could also fall on people who are walking or riding a bicycle within the vicinity of the truck.
Depending on the way in which the accident occurred, a number of parties could be responsible. A driver who was negligent in loading his or her cargo could be held responsible under the legal theory of respondeat superior. However the trucking company which employs the driver could be also liable because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced truck accident attorney can use police reports and professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to make a claim against to seek compensation for their loss. A successful claim may result in a settlement or a verdict which provides victims with the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their trucks in good working condition, and when they fail to do this it could lead to serious accidents. There are many mechanical parts in trucks that need to be checked and replaced in order for them to work correctly. If this isn't done the result is a dangerous and unsafe roadway.
Truck crashes can also be caused by dangerous weather or road conditions. Due to their size, trucks are more likely to crash in stormy weather and on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the hours they are permitted to drive each day. These rules are intended to safeguard the public. However truckers who do not follow them in order to meet deadlines or to earn more money from their employers, they put the public at risk.
Unsafe road conditions may include slick pavement that prevents tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues include insufficient lane markings such as solid or broken lines of lane that confuse drivers about which lane they're in, and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
If a car accident occurs because of road conditions that are not safe, the trucking firm or the government agency that is responsible to maintain the road could be held liable. It is necessary to prove that the person who caused the accident violated their obligation of care by creating unsafe conditions. This may include negligent hiring or maintaining the vehicle, or drug tests. California law allows victims to claim damages for medical expenses and lost wages, as well as suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along streets or in their own yards. The majority of pedestrians are not protected from the enormous size and the weight of a truck and can suffer catastrophic and often fatal injuries in these kinds of crashes.
In these situations an attorney for personal injury may seek compensation from the negligent party. In some cases it could be as simple as suing the truck driver if they ran through a red light, and then struck the pedestrian, however in others it could be the trucking company who permitted the trucker to work longer shifts than required by law, did not maintain the vehicle, or even conducted an examination of their background that would have found the history of unsafe driving habits.
Accidents involving pedestrians and trucks are usually caused by the driver's inattentiveness or apathy. This kind of accident is very common in car accidents, but it could be deadly for truck drivers since they are higher up and have greater blind zones that are difficult to see.
When a pedestrian is injured in a crash involving a truck it is possible to be awarded damages for medical expenses and loss of earnings, suffering and property damage. However, there are cases where the plaintiff is found to be partly at fault for the crash because of their own actions, such as not stepping over the left shoulder when a truck began to swerve, they can receive compensation that is reduced. This is why it's vital to choose a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us today to get started.