Truck Accident Law
A lawyer for truck accidents who has expertise in the field is well-versed in the laws that regulate truck drivers and trucking companies. They will investigate and uncover evidence such as maintenance records of the trucking firm that could prove negligence.
A NYC truck accident lawyer will determine who is at fault in your case, and assist you in recovering from your injuries.
1. Driver injured or fatigued
The easiest way to determine who is at fault in a collision between an automobile and a car is to study the behavior of the driver. An attorney for truck accidents can make use of surveillance footage and witness testimony to determine which driver who is at fault.
Many locations have surveillance cameras. This includes the majority of intersections interchanges, hotels, gas stations and restaurants. This evidence can be used by a truck accident lawyer to determine a potential defendant, particularly if a driver was distracted or not paying attention at the time of the accident.
In the case of truck accidents it is also possible that the driver was fatigued or even injured during the time of the crash. A thorough analysis of the driver's road logs can reveal if they went too long without sleeping or failed to follow Motor Carrier Safety Regulations that restrict the amount of time truckers can be on the road and demand sufficient rest breaks.
The trucking company could also be held responsible for the negligence of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep hours and increasing their accident risk, may also have contributed.
If a hazardous road caused an accident, the government agency that is responsible for maintaining it could be held responsible. A knowledgeable lawyer for truck accidents can identify the responsible agency and enlist a skilled maintenance or construction contractor to examine the root of the unsafe condition 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 caused by faulty equipment, including brakes and tires, coupling systems, and cargo restraints. These equipments are designed to endure rigorous use and must be properly examined and maintained to prevent failure. If something goes wrong a trucker may be unable to control their vehicle and it could cause fatal or serious accidents. Damaged truck parts and equipment could be the responsibility of a number of entities such as the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident happens because of a malfunctioning piece of equipment or a component the injured party may claim damages for both economic and noneconomic losses. Economic damages could include medical expenses now and in the future, loss of income and the loss of earning potential. Noneconomic damages include discomfort and pain or traumatic brain injuries and emotional distress. In certain instances, punitive damages are awarded to punish the defendant and prevent future recklessness.
Even with the best efforts of trucking companies and drivers, equipment issues are bound to happen. It is crucial to determine the parties responsible in order to pursue compensation for your loss.
If san francisco truck accident law firm 've been injured in a truck collision and need help from an experienced attorney at Burch Law Firm can help. Contact us today for a free consultation. Our lawyers will analyze your case, determine liable parties, and fight to secure the compensation you are entitled to. We can help you obtain compensation for medical bills, lost work wages, and physical and emotional pain. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24 hours a day all week long.
3. Unproperly Loaded Cargo
The cargo trucks carry on the road may seem easy enough, but there are strict regulations that loaders and drivers must follow in terms of stacking and secure their loads. Infractions to these rules can lead to serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the leading reasons for truck accidents.
A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the road. This is especially dangerous because the cargo could create a hazard or obstacle on the road and force motorists to swerve. It may also fall onto people who are walking or riding bikes in the vicinity of the truck.
Depending on the circumstances of the accident, there may be multiple parties to blame. A driver who was negligent in loading his or her cargo could be held accountable in the context of the legal theory respondeat superior. The trucking company employing that driver could also be held accountable, as it is responsible for the actions of its employees in the spirit of vicarious responsibility.
An experienced attorney for truck accidents can make use of police reports and professional investigators to determine the cause of an accident caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney can assist victims in determining who they should make a claim for compensation against. A successful claim can result in a settlement or verdict which will give victims the financial assistance they require to recuperate.
4. Unsafe Road Conditions
Trucking companies and their drivers have a duty to keep their vehicles in good condition, and when they fail to do this they could cause serious accidents. To ensure that trucks function correctly, mechanical parts are regularly checked and replaced. If this isn't done it results in dangerous and unsafe roads.
The weather and road conditions can also lead to truck crashes. Due to their massive size, trucks are more likely to be involved in a crash when they drive in bad weather or on wet roads. In addition truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can travel each day. These rules are intended to protect the public, but when truck drivers do not follow them to meet deadlines or to make more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems can include inadequate road markings, such solid or broken lines that confuse drivers on which lane they're in, or merging ramps that aren't long enough for large vehicles to safely change lanes.
If a truck accident happens due to road conditions that are poor, the trucking firm or government agency responsible to maintain that road could be held liable. The person who caused the dangerous conditions needs to be proven guilty of breaching its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. California law permits victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely dangerous for pedestrians who are walking along streets or in their own yards. The pedestrians aren't always protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries.
In these cases, an attorney for personal injury can seek compensation from the responsible party. In some instances, the negligent party may be the truck driver who ran a red light and struck a pedestrian. However, in other cases, it could be a trucking business which allowed the trucker work longer than what is permitted by law or did not maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks are most often caused by the driver's lack of attention or distraction. This type of accident is common in car accidents, but it could be fatal for truck drivers due to the fact that they are higher in the air and have a larger blind zone which are difficult to spot.
A pedestrian who is injured in a collision with a truck may receive compensation for medical expenses as well as lost earnings, pain and discomfort, and property damage. However, there are cases where the plaintiff is found to be partially at fault for the crash due to their own actions, for example, not moving over to the left shoulder when a truck started to swerve, they could be awarded less compensation. It is important to select an attorney for personal injuries who is experienced and knowledgeable to manage your case. Contact us today to begin.