A Trip Back In Time The Conversations People Had About Truck Accident Law 20 Years Ago
Truck Accident Law
A skilled lawyer for truck accidents has a deep understanding of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will investigate to uncover evidence, such as the maintenance records of trucking companies which may be evidence to be used to prove negligence.
A NYC truck accident lawyer in NYC can help you determine who is the fault in your situation and help you recover your injuries.
1. Driver injured or fatigued
The simplest method to determine who is responsible in a collision between two vehicles, a truck and a vehicle is to scrutinize the driver's behavior. A lawyer for truck accidents can review video surveillance footage and witness testimony to determine the driver who was at fault.
Many locations are equipped with surveillance cameras, which includes the majority of intersections and interchanges as in certain gas stations, hotels restaurants, and other businesses. A skilled truck accident lawyer can make use of this evidence to identify a potential defendant, particularly when the driver was unobservant or distracted at the time of the crash.
In cases of truck accidents it is also possible that a driver was fatigued or even injured during the time of the crash. A thorough analysis of the driver's road logs will reveal if they spent too long without rest or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and demand regular rest breaks.
The trucking company could be held accountable for negligent acts of their employee. A improper hiring or training procedure may have contributed to the accident, and so could policies that encourage drivers to remain on the road for as long as they can by limiting their rest and sleep time and thereby increasing the risk of being involved in an accident.
If a hazardous road caused an accident the government agency accountable for maintaining it may be held accountable. A skilled truck accident lawyer can identify the appropriate agency and employ a competent maintenance or construction contractor to investigate the cause of the unsafe situation 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 the result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These equipments are designed to withstand a lot of use, and must be checked, maintained, and repaired to prevent failure. When something goes wrong the trucker might not be able to control their vehicle, and this could result in serious or fatal accidents. The trucking company, manufacturer, parts dealer, or repair shop may be held accountable for the defective truck parts and equipment.
When an accident occurs because of an equipment or component that is damaged, the victim can claim damages for both economic and noneconomic losses. Economic damages may include current and future medical expenses lost income, loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress, and traumatic brain injury. In some cases punitive damages can be available to punish the defendant to stop similar negligence from occurring again.
Despite the best efforts of trucking companies and their drivers issues will always arise. When this happens, it is important to determine the liable parties to pursue compensation for your losses.
The skilled lawyers at Burch law firm can assist those who have been involved in a collision with a truck. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will go over the case, find responsible parties, and fight for the compensation you're entitled to. We can help you obtain the compensation you deserve for medical bills or lost wages from work as well as physical and emotional suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours a day, 7 days a weeks to take your call.
3. Unloading Cargo Unsafely
Drivers and loaders of trucks must adhere to strict guidelines in stacking and securing cargo they transport on the road. Infractions to these rules can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the most common causes of truck accidents.
The majority of truck accidents are caused by cargo falling from the vehicle onto roadways or other vehicles. This can be especially dangerous due to the fact that the cargo may create an obstacle or hazard on the road, forcing other drivers to swerve or smash into it. It could also fall onto people who are walking or riding a bike in the vicinity of a truck.
In the event of the incident, there could be a variety of parties responsible. If the driver was negligent when loading their cargo, for instance it could be held accountable under the legal doctrine of respondeat superior. However the trucking company which employs that driver might be held accountable, too, because it is responsible for the actions of its employees under the principle of vicarious liability.
An experienced truck accident attorney can use police reports and professional investigators to identify the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to file a claim against for compensation for their losses. A successful claim can result in a settlement or verdict which will give victims the financial aid they need to cover the costs of.
4. Unsafe Road Conditions
Trucking companies, as their drivers, share the obligation of keeping their vehicles in good working condition. Failure to do this could result in serious accidents. There are many mechanical parts in trucks that need to be checked and replaced in order for them to function properly. If this isn't done, it could result in a dangerous and unsafe road.
The cause of truck crashes is caused by weather conditions or road conditions. Due to their size, trucks are more likely to be involved in crashes when they drive in adverse weather or on wet roads. In spokane truck wreck lawyer must adhere to 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 do not follow them in order to meet deadlines or to earn more money from employers, they are putting the public at risk.
Unsafe road conditions include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other problems can include inadequate markings for lane, such as solid or broken lines that confuse drivers about the lane they're in, and merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident occurs due to poor road conditions, the trucking company, or the government agency that is responsible for maintaining the road could be liable for the accident. It is essential to prove that the person who caused the accident violated their duty of care in creating unsafe conditions. This could include negligent hiring or maintaining the vehicle, and drug testing. California law permits victims to claim damages for medical bills or lost wages, pain and loss of quality of life.
5. Injuries to pedestrians
Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck, and may be terribly injured or killed.
In these instances an attorney for personal injury can seek compensation from the responsible party. In some instances it could be as simple as the truck driver who ran at a red light and hit the pedestrian, but in other cases, it could be the trucking company who allowed the trucker longer shifts than required by law, did not take care of the vehicle, or even conducted an investigation into the background of the driver that would have revealed the existence of a history of dangerous driving behavior.
Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. Although this type of incident is normal in any car accident, it may be more dangerous due to the fact that truck drivers are generally higher up in their cabs and have bigger blind spots that are difficult to discern.
A pedestrian who is injured in a car crash may be awarded compensation for medical expenses, lost earnings, discomfort and pain, and property damage. In some instances, the plaintiff is found partly at fault for the incident due to their own actions (such as not stepping over to the left side when the truck started to slow down) the compensation they receive could be reduced according to. This is why it is essential to retain a knowledgeable and experienced personal injury lawyer to manage your case. Contact us today to get started.