Truck Accident Law
A lawyer for truck accidents who has experience in the field is well-versed in the laws that regulate truck drivers and trucking companies. They will investigate to uncover evidence, like maintenance records of a trucking company, that may justify a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's responsible for your accident and help you recover your injuries.
1. Driver injured or fatigued
If a vehicle carrying passengers encounters a truck, the most effective way to determine who is at fault is to look at the manner of driving and behavior. A lawyer who handles truck accidents can look over surveillance footage and witness statements to determine who was at fault.
A lot of places are equipped with surveillance cameras, including the majority of intersections and interchanges as some hotels, gas stations restaurants, and other businesses. A skilled truck accident lawyer can use this evidence in order to identify potential defendants, especially when the driver seemed unobservant or distracted at the time of the accident.
In the event of a truck accident it could be that the driver was fatigued or even injured during the time of the crash. The road logs of the drivers will show if they had a sleepless night or did not follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking firm could be held accountable for the carelessness of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep times and increasing their accident risk may have contributed.
If a road that is dangerous caused an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who is experienced will identify the person responsible and engage an expert in construction or maintenance with experience to investigate the cause of any unsafe conditions in the event of a case. A skilled attorney can determine which parties could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and should be assessed, maintained, and repaired to prevent failure. When something goes wrong, the trucker might not be able to control their vehicle, and it could cause fatal or serious accidents. The trucking company, the manufacturer, parts dealer, or repair shop could all be responsible for defective truck parts and equipment.
If an accident happens because of an equipment or a part, the injured party can seek damages for both economic and non-economic damages. Economic damages may include medical costs at present and in the future, loss of income and the loss of earning potential. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress. In syracuse truck accident attorney , punitive damages are given to punish the defendant and prevent future mistakes.
Even with the best efforts of trucking companies and drivers equipment issues will always occur. It is important to identify the responsible parties in order to seek compensation for your loss.
If you've been injured in a truck crash The experienced lawyers at the Burch Law Firm can help. Contact us now to set up an appointment at no cost. Our lawyers will review the case, find responsible parties and fight for the compensation you're due. We can assist you in obtaining the compensation you deserve for medical bills as well as lost wages from work, as well as physical and emotional suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are on hand to answer your calls 24/7 and seven days a semaine.
3. Improperly Loaded Cargo
The cargo that trucks transport on the road may appear simple enough, but there are strict rules that loaders and drivers must follow in terms of stacking and secure their loads. Failure to follow these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the leading causes of truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This can be extremely dangerous because the cargo could create a risk or a problem on the road and cause drivers to turn around. It may also fall on people who are biking or walking in the vicinity of the truck.
In the event of the accident, there may be several parties at fault. A driver who was negligent in loading his or her cargo could be held accountable according to the legal doctrine of respondeat superior. However the trucking firm that employs the driver could be liable as well, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced truck accident attorney can make use of police reports and professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. A Cordisco & SAIL LLC attorney can assist victims in determining the defendants they should pursue a claim for compensation against. A successful claim may result in a settlement or verdict that provides victims with the financial aid they need to recover.
4. Road conditions that are unsafe
Trucking companies, as the drivers they employ, bear a responsibility to maintain their trucks in good working condition. Failure to do this could result in serious accidents. There are many mechanical parts in trucks that require to be examined and replaced to allow them to function properly. If this isn't done it can result in an unsafe and dangerous road.
Truck accidents can also be caused by dangerous weather and road conditions. Due to their size, trucks are much more likely to be involved in crashes when they are driving in bad conditions or on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they are allowed to drive in a day. These rules are designed to protect the public, but if truck drivers ignore them to meet deadlines or to earn more money from their employers, it puts the public at risk.
Unsafe road conditions can include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other problems can include inadequate road markings, such broken or solid lines that confuse the driver regarding which lane they're in, or merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck accident occurs due to road conditions that are not safe, the trucking company, or the government agency that is responsible for maintaining the road may be held liable for the incident. It is imperative to prove that the person in question violated their obligation of care by creating unsafe conditions. This may include negligent hiring and maintenance of the vehicle, or drug screenings. In accordance with California law, victims can get compensation for medical expenses as well as 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 massive size and the weight of a truck and they can sustain catastrophic or even fatal injuries from these kinds of crashes.
In these types of situations an attorney for personal injury will seek compensation from the party that was negligent. In some cases, this may be as simple as the truck driver who ran at a red light and hit the pedestrian, however in other cases, it could be the trucking firm that allowed the trucker longer hours than permitted by law, or failed to conduct proper maintenance on the vehicle, or conducted an investigation into the background of the driver that would have found the existence of a history of dangerous driving habits.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. Although this type of incident is common with any car accident, it can be more deadly due to the fact that truck drivers are typically higher in their cabs, and have larger blind areas that are hard to see.
When a pedestrian is injured in a collision with a truck, they can be awarded damages for medical bills, loss of earnings, injuries and suffering, as well as property damage. In some instances, 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 started to swerve, they could have their compensation reduced accordingly. This is why it's crucial that you retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us now to get started.