Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will investigate and uncover evidence like maintenance records of the trucking company which could support a negligence claim.
A NYC truck accident attorney can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Driver injured or fatigued
The most effective method of determining who is at fault in a collision between two vehicles, a truck and a car is to study the behavior of the driver. A lawyer who handles truck accidents can look over surveillance footage and witness statements to determine who was responsible for the accident.
Many places are equipped with surveillance cameras, including most 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 if the driver seemed inattentive or distracted during the time of the accident.
In the event of a truck crash, it is also possible that a driver was fatigued or even injured during the time of the accident. The road logs of drivers will reveal if they slept insufficiently or did not observe 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 procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep time and putting them at risk for accidents could also have contributed to.
If a dangerous road resulted in an accident, the government agency responsible for maintaining it can be held accountable. A truck accident lawyer who is experienced can identify the agency responsible and engage a construction or maintenance contractor with experience to investigate the causes of any dangerous conditions or other unsafe conditions, if applicable. An experienced attorney can identify multiple parties that may be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including brakes, tires, coupling systems, and cargo restraints. These components were developed to withstand the rigors of use and should be maintained and repaired to avoid failure. If something goes wrong, it can leave the driver of a truck unable to control the vehicle and may cause fatal or serious collisions. Incorrect parts and equipment for trucks could be the fault of several different entities that include the trucking firm, the manufacturer, and the parts dealer or repair shop.
If an accident happened because of a defective component or piece of equipment, the victim could pursue damages for economic and non-economic losses. Economic damages can include future and present medical expenses, lost income, and loss of earning capacity. Noneconomic damages may include discomfort and pain as well as brain injuries that are traumatic, and emotional distress. In some cases punitive damages may be awarded to punish the defendant and to prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. It is essential to identify the parties accountable in order to pursue compensation for your losses.
If you've been in a truck crash The experienced lawyers at Burch Law Firm can help. Contact us today to set up a complimentary consultation. Our lawyers will examine the case, find responsible parties, and fight for the compensation you're entitled to. We can assist you in recovering compensation for medical bills and lost wages at work as well as physical and emotional suffering. camden truck wreck lawyer handle cases in Missouri including Jefferson City and Columbia. We are available to take your calls 24/7 7 days a week.
3. Unproperly Loaded Cargo
The cargo trucks carry on the road may seem straightforward enough, but there are strict rules that drivers and loaders must follow in terms of stacking and secure their loads. If they don't follow these guidelines, it could cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the leading reasons for truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the road. This is especially dangerous because the cargo could cause a danger or an obstacle on the road, and force other drivers to swerve. It could also fall on people who are cycling or walking in the vicinity of the truck.
Depending on how the accident took place, a variety of parties could be responsible. A driver who was negligent while loading his cargo may be held accountable in the context of the legal theory respondeat superior. However the trucking firm that employs that driver might be also liable because it is liable for the actions of its employees under the principle of vicarious liability.
An experienced attorney for truck accidents will use police reports as well as professional investigators to determine the root of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco & Saile LLC can assist victims in determining the proper defendants to file a claim against for compensation for their loss. A successful claim can result in a settlement or verdict that provides victims with the financial aid they need to recover.
4. Road conditions that are unsafe
Companies that operate trucks, as well their drivers, share an obligation to keep their trucks in good working order. In the absence of this, it can lead to serious accidents. To ensure that trucks function correctly, mechanical components are often checked and replaced. If this isn't done, it could cause a dangerous and unsafe road.
Truck accidents can also be caused by hazardous weather and road conditions. Due to their huge dimensions, trucks are more likely to be involved in a crash if they drive in bad conditions or on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines regarding the hours they are allowed to drive in a day. These rules are designed to protect the public, but when truck drivers fail to follow them to meet deadlines or to get more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings, such as solid or broken lines of lane that confuse drivers about the lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck accident happens due to poor road conditions, the trucking firm or government agency responsible to maintain that road could be held accountable. It is crucial to prove that the party responsible for the incident violated their duty of care in creating dangerous conditions. This could include negligent hiring and maintenance of the vehicle, or drug testing. In accordance with California law, the victims may get compensation for medical bills, lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roads or in their own yards. The pedestrians aren't always protected from the weight and size of a truck and can be severely injured or killed.
In these situations an attorney who is able to handle personal injury will seek to recover compensation from the responsible party. In certain cases the party who was negligent could be the truck driver who ran a red flag and struck a pedestrian. But in other cases, it could be a trucking firm that allowed the trucker to work longer than the law allows or did not maintain the vehicle properly.
Accidents involving pedestrians and trucks tend to be caused by the driver's inattentiveness or distraction. This type of accident happens frequently in car accidents, but it could be fatal for truck drivers as they are higher up and have greater blind zones that are difficult to discern.
When a pedestrian is injured in a collision with a truck the pedestrian may be awarded compensation for medical expenses as well as loss of earnings, pain and suffering, as well as property damage. In some cases, the plaintiff is determined to be partially responsible for the accident due to their own actions (such as not turning over to the left side when the truck began to slow down) the compensation they receive could be reduced accordingly. This is why it's important to hire an experienced and knowledgeable personal injury lawyer to handle your case. Contact us today to get started.