Truck Accident Law
A truck accident lawyer with knowledge of the field is well-versed in the laws that govern truck drivers and trucking companies. They will investigate to uncover evidence, like maintenance records for trucking companies which may be evidence to provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's the fault in your situation and help you recover your injuries.
1. Driver injured or fatigued
If a car that is a passenger collides with a truck the easiest method to determine the liability is to scrutinize the manner of driving and behavior. A lawyer who handles truck accidents can examine the footage of surveillance and witness testimony to determine who was at fault.
Many locations are equipped with surveillance cameras, such as most intersections and interchanges as as some gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck accident lawyer to determine a potential defendant, especially if the driver seemed distracted or unfocused at the time of the incident.
In truck accidents the driver might be injured or fatigued at the time. A thorough examination of the driver's logs can reveal if they went too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and require adequate rest breaks.
The trucking company may also be held accountable for the negligence of their employees. A negligent hiring or training process might have contributed to the accident, as could policies that encourage drivers to stay on the road for as long as is possible, minimizing their rest and sleep hours and increasing their risk of being involved in an accident.
The government agencies that maintain roads may also be liable if a hazardous roadway contributed to the accident. A knowledgeable truck accident lawyer can identify the relevant agency and hire an experienced maintenance or construction contractor to investigate the cause of the unsafe situation and, if appropriate, to determine the cause. An experienced lawyer can identify multiple parties that may be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur because of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand heavy usage and must be properly maintained and repaired to avoid failure. If something goes wrong truckers may not be able to control their vehicle and it could cause serious or fatal accidents. spokane valley truck accident law firm , manufacturer or parts dealer, or repair shop may be held accountable for the defective truck parts and equipment.
If an accident occurs because of an equipment or a part the injured party may seek compensation for both economic and non-economic losses. Economic damages may include medical costs at present and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering, traumatic brain injury, and emotional distress. In some cases punitive damages might be available to punish the defendant to stop similar negligence from happening in the future.
Despite the best efforts of trucking companies and their drivers problems are inevitable. It is essential to identify the responsible parties to seek compensation for your loss.
If you've been injured in a truck crash the skilled attorneys at Burch Law Firm can assist. Contact us today for an appointment at no cost. Our lawyers will examine your case, identify the responsible parties, and fight to secure the compensation you are entitled to. We can help you obtain the amount you need to pay for medical bills, lost wages, and emotional or physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours per day all week long to answer your calls.
3. Improperly loaded Cargo
The cargo trucks transport on the road may seem simple enough, but there are strict rules that drivers and loaders must adhere to when stacking and secure their loads. If they don't follow these guidelines can lead to serious problems. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the most common reasons for truck accidents.
Most of these truck accidents result from cargo falling off the truck onto roadways or other vehicles. This can be particularly risky because the cargo might create an obstacle or cause a danger to the road, causing other drivers to swerve or hit it. It could also fall onto people who are walking or riding a bike in the vicinity of a truck.
Based on the circumstances surrounding the incident, there could be several parties at fault. If the driver was negligent when loading their cargo, for instance this person could be held liable according to the legal theory of respondeat superior. The trucking company who employed the driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions under the principle of vicarious accountability.
In instances where an accident was caused by inadequately secured or loaded cargo, a skilled truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco and Saile LLC will assist victims in determining the proper defendants to make a claim against to seek compensation for their loss. A successful claim could result in a settlement or verdict which provides victims with the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers have a duty to keep their vehicles in good condition, and when they fail to follow this it could lead to serious accidents. To ensure that trucks work correctly, mechanical parts are frequently checked and replaced. If this doesn't happen, the result is a dangerous and unsafe roadway.
Truck accidents can also be caused by dangerous weather or road conditions. Due to their massive size, trucks are more likely to be involved in a crash when they are driving in bad conditions or on roads that are wet. In addition, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they are allowed to drive in a day. These rules are intended to protect the public. However truckers who do not follow these rules to meet deadlines, or to get more money from employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues are inadequate lane markings like broken or solid lane lines that confuse drivers about the lane they're in and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a truck crash occurs because of poor road conditions, the trucking firm or the government agency that is responsible to maintain that road may be held accountable. It is essential to prove that the party in question breached their obligation of care by creating hazardous conditions, and this may include negligent hiring and maintenance of the vehicle, and drug testing. Under California law, victims are able to recover damages for their medical bills or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians walking along roads or even in their yards. The majority of pedestrians are not protected from the size and weight of a truck, and could suffer severe or even fatal injuries from these types of crashes.
In these cases an attorney for personal injury will seek compensation from the negligent party. In some cases it could be as simple as suing the truck driver who ran a red light and struck the pedestrian, however in other cases it could be the trucking firm that permitted the trucker to work longer shifts than is permitted by law, did not conduct proper maintenance on the vehicle, or conducted an investigation into the background of the driver that would have revealed a history of unsafe driving behavior.
Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. While this type of incident is normal in any car accident, it could be more deadly because truck drivers are generally higher up in their cabs and have larger blind areas that are difficult to see.
If a pedestrian is injured in a car accident and is injured, they may be awarded compensation for medical bills and loss of earnings, injuries and suffering, as well as property damage. However, there are cases where the plaintiff is found to be partially at fault for the crash because of their own actions, for example, failing to move over to the left shoulder when a truck began to swerve, they can receive compensation that is reduced. It is essential to choose a personal injury lawyer that is experienced and knowledgeable to take care of your case. Contact us today to get started.