Truck Accident Law
A competent truck accident lawyer has a deep understanding of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will look into evidence, like trucking company maintenance records that could be used to be used to prove negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is the fault in your situation and assist you in recovering your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is at fault in a collision between two vehicles, a truck and a car is to study the driver's behavior. A 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 many intersections hotels, interchanges, gas stations and restaurants. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, especially if the driver seemed distracted or unfocused at the time of the incident.
In the event of a truck accident the driver might have been fatigued or injured at the time of the accident. The road logs of drivers will reveal if they had a sleepless night or didn't follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company may also be held responsible for the negligent actions of their employees. A improper hiring or training procedure could have contributed to the accident, and so could policies that encourage drivers to drive for as long as they can by limiting their rest and sleep time, and thereby increasing the chances of causing an accident.
Government agencies responsible for maintaining roads may also be accountable if a dangerous road contributed to the accident. A skilled truck accident lawyer will identify the relevant agency and hire an experienced construction or maintenance contractor to investigate the cause of the unsafe condition and if it's applicable. A seasoned attorney can identify multiple parties that may be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, like brakes, tires, coupling systems, and cargo restraints. These pieces of equipment are designed to withstand a lot of use and should be inspected, maintained, and repaired to prevent failure. If something goes wrong it could make the truck driver unable control the vehicle and could cause fatal or serious collisions. Damaged truck parts and equipment can be the responsibility of a variety of entities such as the trucking company or the manufacturer, as well as the repair or parts dealer shop.
If an accident happens because of an equipment or a component the person who was injured can seek damages for both economic as well as non-economic losses. Economic damages are a combination of the current and future medical costs lost income, loss of earning capacity. Noneconomic damages can include discomfort and pain and brain injuries that cause trauma and emotional distress. In some cases punitive damages might be available to punish the defendant in order to prevent similar negligence from happening in the future.
Even with the best efforts by trucking companies and drivers equipment issues are bound to happen. It is essential to identify the parties responsible in order to pursue compensation for your loss.
The highly skilled attorneys at the Burch law firm can help you if you have been involved in a collision with a truck. Contact us now to set up an appointment at no cost. Our lawyers will go over the case, identify the responsible parties and fight for the compensation you're entitled to. We can assist you in obtaining the compensation you deserve for medical bills as well as lost wages from work, and physical and emotional pain. We handle cases in Missouri, including Jefferson City and Columbia. We are available to take your calls anytime 7 days a week.
3. Improperly Loaded Cargo
Truck drivers and loaders must adhere to strict regulations in stacking and secure the cargo they transport on the road. If jersey city truck accident lawsuit don't follow these guidelines, it could cause serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents.
A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This is especially risky since the cargo could cause an obstacle or cause a danger to the road, forcing other drivers to slow down or smash into it. It could also fall on people who are walking or riding a bicycle near the truck.
Based on the manner in which the incident took place, a variety of parties could be responsible. A driver who was negligent when loading his cargo may be held responsible under the legal theory respondeat superior. However the trucking firm that employs that driver might 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 happened because of inadequately secured or loaded cargo, a skilled truck accident lawyer will use professional investigators and police reports to determine what went wrong and who was accountable. A Cordisco and SAIL LLC lawyer will assist victims to determine which defendants they should submit a claim to compensation against. A successful claim may result in a settlement or verdict that gives victims the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
The trucking companies, as well their drivers, share the responsibility of keeping their vehicles in good working order. Failure to do this could result in serious accidents. To ensure that trucks work properly, mechanical parts are regularly checked and replaced. If this is not done, it can lead to a dangerous and unsafe road.
The road and weather conditions can cause truck accidents too. Because of their size, trucks are more likely to be involved in a crash when they travel in bad weather or on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are permitted to drive each day. These regulations are designed to safeguard the public. However truckers who do not follow these rules in order to meet deadlines or to earn more cash from employers, they place the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues could be caused by inadequate markings for lane lines, like solid or broken lines that confuse the driver about which lane they are in, and merging ramps that aren't long enough for large vehicles to safely change lanes.
If a car accident occurs due to poor road conditions the trucking company, or the government agency that is responsible for maintaining the road could be held responsible for the occurrence. The party responsible for creating the dangerous conditions needs to be proven to have breached its duty of care. This could be due to negligent hiring or vehicle maintenance, as well as testing for drugs. California law permits victims to claim damages for medical expenses or lost wages, pain and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians who are walking along the streets or in their own yards. Pedestrians typically have no protection from the massive size and the weight of a truck and they can sustain catastrophic injuries, which are often fatal, from these types of crashes.
In these instances an attorney for personal injury will seek to recover compensation from the person who caused the injury. In some cases it could be as easy as the truck driver if they ran at a red light and hit the pedestrian, but in other instances it could be the trucking firm that allowed the trucker longer shifts than required by law, did not maintain the vehicle, or conducted a background check that would have found an occurrence of unsafe driving habits.
Distraction or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. While this type of incident is typical of any car accident, it could be more deadly due to the fact that truck drivers are generally higher in their cabs and have more blind areas that are difficult to see.
If a pedestrian gets injured in a car accident and is injured, they may be awarded damages for medical bills, loss of earnings, pain and suffering, and property damage. In some instances, where the plaintiff is found to be partly responsible for the crash due to their own actions, for example, not moving over to the left shoulder when a truck started to swerve or avert, they may receive compensation that is reduced. This is why it is essential to retain a knowledgeable and experienced personal injury lawyer to handle your case. Contact us today to get started.