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Truck Accident Law
A truck accident lawyer with experience in the field has a thorough understanding of the laws that govern truck drivers as well as trucking firms. They will search for and uncover evidence such as maintenance records of the trucking company that could provide evidence for a negligence claim.
A NYC truck accident attorney can 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 responsible in a collision between an automobile and a car is to examine the driver's behavior. An attorney for truck accidents can make use of surveillance footage and witness testimony to determine which driver at fault.
Many places are equipped with surveillance cameras, including most interstates and interchanges, as well in some hotels, gas stations restaurants, and other establishments. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, especially if the driver was distracted or unobservant at the moment of the accident.
In the event of a truck crash, it is also possible that the driver was tired or injured during the time of the crash. The road logs of drivers will show if they were sleeping too much or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking firm could be held liable for the negligent actions of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their rest and sleep time and increasing their accident risk could have also contributed.
Government agencies responsible for maintaining roads can also be held responsible if a hazardous road contributed to the accident. A knowledgeable lawyer for truck accidents will identify the relevant agency and enlist a skilled construction or maintenance contractor to look into the cause of the dangerous condition in the event that it is applicable. An experienced attorney can pinpoint several parties that could be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including brakes and tires, coupling systems and cargo restraints. These equipments are designed to withstand a lot of use and must be properly checked and maintained to prevent failure. If something goes wrong it could leave the driver of a truck in a position to control the vehicle and may result in serious or fatal collisions. The trucking company, the manufacturer or parts dealer, or repair shop can all be held accountable for malfunctioning truck parts and equipment.
If an accident occurs as a result of a defective piece of equipment or component the person who was injured can claim damages for both economic and non-economic losses. Economic damages could include medical expenses today and in the near future, loss of income and the loss of earning potential. Noneconomic damages may include pain and discomfort, traumatic brain injuries, and emotional distress. In some cases punitive damages can be available to punish the defendant to prevent similar negligence from occurring in the future.
Even with the best efforts by trucking companies and drivers equipment issues are inevitable. When this happens, it is crucial to identify the responsible parties to claim compensation for your losses.
If you've been in a truck collision The experienced lawyers at the Burch Law firm can help. Contact us today for a free consultation. Our lawyers will review your case, identify the responsible parties and fight for the compensation that you deserve. We can assist you in obtaining the amount you need to pay for medical bills as well as lost wages and physical or emotional pain. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day and 7 days a week to answer your phone.
3. Unloading Cargo in a way that isn't safe
The cargo that trucks carry on the roads may seem simple enough, but there are strict guidelines that loaders and drivers must follow in terms of stacking and secure their loads. Any failure to comply with these guidelines could lead to serious issues. In a recent study the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the most common reasons for truck accidents.
Most of these truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This is particularly dangerous due to the fact that the cargo may create an obstacle or create a danger on the road, causing drivers to turn around or to crash into it. It can also fall onto people who are biking or walking near the truck.
Depending on the way in which the accident was triggered, several parties could be responsible. florida truck accident lawsuit who was negligent when loading his or her cargo could be held liable under the legal theory of respondeat superior. However, the trucking company that employs that driver might be held accountable, too, because it is responsible for the actions of its employees based on the principle of vicarious liability.
In instances where an accident was caused by unsecurely loaded or secured cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine what went wrong and who is at fault. An attorney from Cordisco and Saile LLC will assist victims in determining the right defendants to bring a lawsuit against for compensation for their loss. A successful claim may result in a settlement or verdict that will provide victims with the funds they require to recover.
4. Unsafe Road Conditions
Trucking companies and their drivers are obliged to keep their trucks in good condition. If they do not, it can lead to serious accidents. To ensure that trucks operate properly, mechanical parts are often inspected and replaced. If this isn't done, it could result in a dangerous and unsafe road.
The road and weather conditions can also cause truck crashes. Due to their size, trucks are more likely to be involved in a crash if they are driving in bad weather conditions or on roads with a lot of water. In addition, truck drivers are required to follow strict Federal Motor Carrier Safety Administration rules regarding how long they can drive each day. These rules are intended to safeguard the public. However truckers who do not follow them to meet deadlines or to get more money from employers, they place 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 issues can be due to inadequate markings for lane lines, like broken or solid lines that confuse the driver about the lane they're in, and merging ramps that aren't long enough for large vehicles to safely change lanes.
When a truck accident happens due to road conditions that are not safe, the trucking company or the government agency that is responsible for maintaining the road could be liable for the incident. The party who created the dangerous conditions needs to be proven to have violated its duty of care. This can include negligent hiring, vehicle maintenance, and testing for drugs. California law allows victims to claim damages for medical bills and lost wages, as well as suffering and loss of quality of 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 truck and can suffer fatal or catastrophic injuries.
In these instances an attorney for personal injury will seek compensation from the party who was negligent. In some cases the responsible party could be the driver of the truck who ran a red light and struck a pedestrian. But in other cases, it could be a trucking business which allowed the trucker to work longer than what is permitted by law or failed to maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks are most often caused by the driver's lack of attention or apathy. While this kind of incident is common with any car accident, it can be more dangerous due to the fact that truck drivers tend to be higher up in their cabs. They also have bigger blind areas that are difficult to discern.
A pedestrian injured in a collision with a truck may receive compensation for medical costs loss of earnings, discomfort and pain, and property damage. In some cases, the plaintiff is found partially responsible for the accident because of their own actions (such as not moving over to the left side when the truck started to swerve), their compensation can be reduced accordingly. This is why it's essential to retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us now to begin.