Truck Accident Law
A competent truck accident lawyer is knowledgeable about the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will search for and uncover evidence, such as maintenance records of the trucking company that may prove negligence.
A NYC truck accident lawyer can determine the negligent parties in your case and help you recover from your injuries.
1. Driver injured or fatigued
If a vehicle carrying passengers encounters a truck, the most effective way to determine liability is to review the driver's actions and demeanor. moreno valley truck accident lawyer can make use of surveillance footage and witness testimony to determine the driver who is at fault.
There are many places with surveillance cameras. This includes most intersections hotels, interchanges, gas stations and restaurants. A skilled truck accident lawyer can use this evidence in order to identify potential defendants, especially when the driver appeared unfocused or distracted during the time of the accident.
In the event of a truck accident it is also possible that the driver was tired or injured during the time of the crash. A thorough analysis of the driver's track logs can reveal whether they slept too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and demand sufficient rest breaks.
The trucking company could also be held accountable for the negligence of their employees. A negligent hiring or training process may have contributed to the accident, as could policies that encourage drivers to remain on the road for as long as possible, which can result in a reduction in rest and sleep hours and thereby increasing the chance of being involved in an accident.
Government agencies that are responsible for maintaining roads may also be responsible if a hazardous road caused the accident. A truck accident lawyer who is knowledgeable can identify the responsible agency and engage a contractor for construction or maintenance with experience to investigate the cause of any unsafe conditions in the event of a case. An experienced attorney can identify various parties who could be responsible and seek compensation from each source.
2. Defective Equipment
Many truck accidents happen 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 prevent failure. When something goes wrong it could leave the truck driver unable control the vehicle and can result in fatal or serious collisions. Damaged truck parts and equipment can be the fault of several entities such as the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident happened because of a malfunctioning part or piece of equipment, the victim may seek damages for economic and noneconomic losses. Economic damages may include medical costs now and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries, and emotional distress. In certain circumstances punitive damages might be available to punish the defendant to stop similar negligence from happening in the future.
Despite the best efforts by trucking companies and drivers equipment problems will always occur. It is crucial to identify the parties accountable in order to seek compensation for your losses.
The experienced attorneys at Burch law firm can assist those who have been involved in a truck crash. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will evaluate your case, find liable parties and fight for the compensation that you deserve. We can assist you in recovering compensation for medical bills, lost work wages, as well as physical and mental suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24/7 and seven days a semaine.
3. Unloading Cargo Incorrectly
The cargo that trucks carry on the road may seem simple enough, but there are strict regulations that loaders and drivers must follow in terms of stacking and securing their loads. If they don't follow these guidelines, it could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
Most of these truck accidents are caused by cargo falling from the vehicle onto other vehicles or roads. This is especially dangerous, as the cargo could create a risk or a problem on the road, and force drivers to turn around. It can also fall onto people who are biking or walking in the vicinity of the truck.
Depending on how the accident took place, a variety of parties could be at fault. If an individual driver was negligent in loading their cargo, for example, that person might be held accountable under the legal doctrine of respondeat superior. The trucking company that employed that driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees in the spirit of vicarious responsibility.
An experienced truck accident attorney will use police reports as well as professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer will assist victims to determine the defendants they should pursue a claim for compensation against. A successful claim could result in a settlement or verdict that provides victims with the financial aid they need to cover the costs of.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, also have an obligation to keep their trucks in a good working order. If they don't, it could result in serious accidents. To ensure that the trucks are operating correctly, mechanical components are frequently checked and replaced. If this is not done, it can result in a dangerous, unsafe road.
The conditions of the road and weather can also trigger truck accidents. Because of their size truck's size, they are more likely to be involved in accidents during stormy conditions and on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the number of hours they can drive per day. These rules are meant to safeguard the public. However truckers who do not follow these rules in order to meet deadlines or to make more money from employers, they are putting the public at risk.
Unsafe road conditions could include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues include insufficient markings for lane, such as broken or solid lines that confuse the driver about the lane they're in, or merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a truck crash occurs because of poor road conditions, the trucking firm or government agency responsible to maintain that road could be held accountable. The party who created the dangerous conditions needs to be proven guilty of violating its obligation of care. This can include negligent hiring or vehicle maintenance, as well as testing for drugs. California law allows victims to recover damages for medical expenses and lost wages, as well as suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries.
In these situations an attorney for personal injury may seek compensation from the responsible party. In some cases the party who was negligent could be the truck driver who ran a red flag and struck the pedestrian. But in other cases it could be a trucking firm that allowed the trucker to work longer than the time allowed by law or failed to maintain the vehicle properly.
Accidents involving trucks and pedestrians are usually caused by drivers' inattention or distraction. While this type of incident is typical of any car accident, it could be more deadly because truck drivers are generally higher up in their cabs and have bigger blind spots that are difficult to discern.
If a pedestrian gets injured in a collision with a truck the pedestrian may be awarded damages for medical bills and loss of earnings, pain and suffering, and property damage. However, in some cases where the plaintiff is found to be partially accountable for the accident due to their own actions, for example, not stepping over the left shoulder when a truck began to swerve, they can receive compensation that is reduced. It is important to hire a personal injury lawyer who is skilled and experienced to manage your case. Contact us now to get started.