What's The Reason You're Failing At Truck Accident Law
Truck Accident Law
A lawyer for truck accidents who has experience in the field is well-versed in the laws that govern truck drivers and trucking firms. They will conduct an investigation to find evidence, like maintenance records for trucking companies which may be evidence to support a claim of negligence.
A NYC truck accident lawyer can determine the responsible parties in your case and assist you in recovering from your injuries.
1. Fatigued or injured driver
The simplest method to determine who is responsible in a collision between the truck and a passenger vehicle is to scrutinize the driver's behavior. A truck accident lawyer can utilize surveillance footage and witness testimonies to determine the driver at fault.
Many places are equipped with surveillance cameras, such as most interstates and interchanges, as well in certain gas stations, hotels, restaurants, and other businesses. This evidence can be used by a truck accident lawyer to determine a potential defendant, particularly if the driver was distracted or unobservant at the moment of the accident.
In the event of a truck accident, the driver may be injured or fatigued at the time of the accident. A thorough investigation of the driver's logs can reveal whether they slept too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that limit 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 reckless actions 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 time and putting them at risk for accidents could also have contributed to.
If a dangerous road caused an accident the government agency responsible for its maintenance can be held responsible. A seasoned truck accident lawyer can identify the responsible agency and hire an experienced maintenance or construction contractor to investigate the cause of the unsafe road and if it's applicable. A skilled attorney can identify the multiple parties that could be liable and pursue 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 pieces of equipment are designed to endure rigorous use, and must be assessed and maintained to prevent failure. When something goes wrong it could leave the driver of a truck in a position to control the vehicle and can result in serious or fatal collisions. The trucking company, manufacturer of parts, the parts dealer, or repair shop may all be accountable for the malfunction of truck parts and equipment.
If an accident took place because of a defect in a component or piece of equipment, the injured party may seek damages for economic and non-economic losses. Economic damages may include future and current medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury, and emotional distress. In some cases punitive damages are given to punish the defendant and stop future negligence.
Despite the best efforts of trucking companies and their drivers, a few equipment problems are inevitable. If this happens, it is important to determine the liable parties so that you can pursue compensation for your loss.
If you've been injured in a truck accident The experienced lawyers at the Burch Law firm can help. Contact us today to set up an initial consultation for free. Our lawyers will go over the case, identify the responsible parties, and fight for the compensation you deserve. We can help you obtain compensation for medical expenses or lost wages from work and physical and emotional pain. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours a days all week long to answer your phone.
3. Improperly Loaded Cargo
Loaders and drivers of trucks must adhere to strict guidelines regarding stacking and securing the cargo they transport on the roads. Infractions to these rules could result in serious issues. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most frequent causes of truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto roadways or other vehicles. This can be particularly dangerous, as the cargo could cause a danger or an obstacle on the road and cause motorists to swerve. It could also fall onto people walking or riding bikes within the vicinity of the truck.
Based on the manner in which the incident was triggered, several parties could be responsible. A driver who was negligent while loading his or her cargo might be held responsible under the legal theory of respondeat superior. However the trucking company which employs the driver could be liable as well, because it is liable for the actions of its employees under the principle of vicarious liability.
In instances where an accident was caused by inadequately secured or loaded cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was responsible. A Cordisco & SAIL LLC attorney can help victims determine which defendants they should pursue a claim for compensation against. A successful claim may result in a settlement or verdict that gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
The trucking companies, as well as their drivers, have the responsibility of keeping their trucks in good working order. In temecula truck accident lawsuit of this, it could lead to serious accidents. The majority of trucks have mechanical components that must be inspected and replaced to allow them to work correctly. When this doesn't happen the result is dangerous and unsafe roads.
The road and weather conditions can also lead to truck crashes. Due to their size, trucks are more likely to be involved in crashes when they are driving in bad conditions or on roads that are wet. Additionally, truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive each day. These rules are intended to protect the public. However, when truckers ignore them in order to meet deadlines, or to earn more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues can be due to inadequate markings for lane, such as broken or solid lines that confuse the driver on which lane they're in, or merging ramps that are too short for large vehicles to safely change lanes.
If a car accident occurs because of poor roadway conditions, the trucking company or government agency responsible for maintaining that road may be held liable for the accident. It is necessary to prove that the party in question breached their duty of care in creating unsafe conditions. This could include negligent hiring and maintenance of the vehicle, and drug testing. California law permits victims to claim damages for medical bills or lost wages, pain and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians who walk along roads or even in their yards. Most pedestrians don't have protection from the size and the weight of a truck and they can sustain catastrophic injuries, which are often fatal, from these kinds of accidents.
In these cases, an attorney for personal injury can seek compensation from the negligent party. In some instances the party who was negligent could be the driver of the truck who ran a red signal and hit the pedestrian. In other instances it could be a trucking company which allowed the trucker to work longer than the time allowed by law or failed to maintain the vehicle properly.
Accidents involving pedestrians and trucks are often caused by the driver's inattentiveness or distraction. This kind of accident is quite common in car accidents, but it can be fatal for truck drivers since they are higher in the air and have more blind zones that are difficult to see.
When a pedestrian is injured in a car accident, they can be awarded compensation for medical bills or loss of earnings pain and suffering, and property damage. In some cases, if the plaintiff is determined to be partially at fault for the incident because of their own actions (such as not stepping over to the left side when the truck began to accelerate), their compensation can be reduced accordingly. This is why it's important to hire an experienced and knowledgeable personal injury attorney to take care of your case. Contact us today to get started.