5 People You Oughta Know In The Truck Accident Law Industry
Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. They will look into evidence, including maintenance records for trucking companies which could justify a claim of negligence.
A NYC truck accident lawyer can determine the negligent parties in your case and assist you in recovering from your injuries.
1. Driver injured or fatigued
When a vehicle driven by a person collides with a truck the most straightforward way to determine liability is to examine the manner of driving and behavior. A lawyer for truck accidents can look over the footage of surveillance and witness testimony to determine the driver who was at fault.
Many places are equipped surveillance cameras, including the majority of intersections and interchanges as in some gas stations, hotels restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify the potential defendant, particularly when the driver seemed unobservant or distracted at the time of the accident.
In truck accidents the driver may be injured or fatigued at the time. A thorough review of the logs from the driver can reveal whether they slept too long without sleep or if they failed to 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 can also be held accountable for the carelessness of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep time and increasing their risk of accident, may also have contributed.
If a dangerous road caused an accident, the government agency responsible for maintaining it can be held responsible. A knowledgeable lawyer for truck accidents can identify the appropriate agency and hire an experienced maintenance or construction contractor to examine the root of the unsafe condition and, if appropriate, to determine the cause. An experienced attorney can identify multiple parties that may be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, like brakes, tires, coupling systems and cargo restraints. odessa truck accident attorney of equipment are designed to endure rigorous use, and must be examined and maintained to avoid failure. When something goes wrong, it could leave a truck driver unable to control the vehicle, and could result in fatal or serious collisions. The trucking company, the manufacturer or parts dealer, or repair shop could all be held accountable for malfunctioning truck parts and equipment.
If an accident happened because of a defective component or piece of equipment, the person injured could seek damages for both economic and non-economic losses. Economic damages include medical expenses today and in the near future, lost income and loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries and emotional distress. In certain instances punitive damages can be available to punish the defendant to stop similar negligence from occurring in the future.
Even with the best efforts by trucking companies and drivers, equipment problems will always occur. It is important to identify the parties responsible in order to seek compensation for your loss.
If you have been involved in a truck crash The experienced lawyers at the Burch Law firm can help. Contact us today to schedule an initial consultation for free. Our lawyers will analyze the case, identify the responsible parties and fight for the compensation you're entitled to. We can help you recover compensation for medical expenses or lost wages from work as well as physical and emotional suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours per day seven days a week to answer your phone.
3. Improperly Loaded Cargo
The cargo that trucks carry on the road may seem easy enough, however there are strict rules that loaders and drivers must adhere to when stacking and secure their loads. Infractions to these guidelines could lead to serious problems. In a recent study the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the major causes of truck accidents.
Many of these truck crashes involve cargo falling off of the vehicle and onto other vehicles or onto the road. This can be particularly dangerous since the cargo may create a hazard or obstacle on the road and cause motorists to swerve. It could also fall on pedestrians who are biking or walking near the truck.
In the event of the incident, there could be a variety of parties responsible. If the driver was negligent when loading his or her cargo, for example it could be held accountable under the legal principle of respondeat superior. The trucking company that employed the driver could also be held accountable, as it is responsible for its employees' actions under the principle vicarious responsibility.
An experienced lawyer for truck accidents will use police reports as well as professional investigators to determine the root of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to make a claim against to seek compensation for their loss. A successful claim can result in a settlement or verdict which gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in good working condition, and when they fail to do this it could lead to serious accidents. To ensure that trucks function correctly, mechanical components are often checked and replaced. If this is not done, it can lead to a dangerous and unsafe road.
The cause of truck crashes is caused by hazardous weather and road conditions. Due to their huge size, trucks are more likely to be involved in a crash if they travel in bad weather conditions or on roads with a lot of water. Additionally, truck drivers are required to follow strict Federal Motor Carrier Safety Administration rules regarding how long they can drive each day. These regulations are designed to protect the public, but when truck drivers fail to follow them to meet deadlines or make more money from their employers, they put the public at risk.
Unsafe road conditions can include slick pavement that stops tires from maintaining traction, potholes, and uneven surface that causes skidding. Other problems include inadequate lane markings, such as solid or broken lane lines that make drivers confused about which lane they're on, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
If a truck accident happens because of poor road conditions, the trucking firm or government agency accountable to maintain the road could be held responsible. It is essential to prove that the party responsible for the incident violated their obligation of care by creating dangerous conditions. This can include negligent hiring or maintenance of the vehicle, and drug tests. California law allows victims to recover damages for medical expenses and lost wages, as well as suffering and loss of quality life.
5. Accidents involving pedestrians
Truck accidents can be extremely dangerous for pedestrians who are walking along roads or within their own yards. People who walk on foot are usually not protected from the massive size and the weight of a truck and may suffer devastating and often fatal injuries in these types of crashes.
In these instances an attorney who is able to handle personal injury will seek to recover compensation from the negligent party. In certain cases the responsible party could be the truck driver who ran a red signal and struck the pedestrian. But in other cases it could be a trucking firm that allowed the trucker to work longer than what is permitted by law or did not maintain the vehicle in a timely manner.
Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. While this kind of incident is typical of any car accident, it may be more fatal due to the fact that truck drivers are generally higher in their cabs, and have more blind areas that are hard to see.
A pedestrian who is injured in a collision with a truck may receive compensation for medical costs loss of earnings, discomfort and pain, as well as property damage. However, there are instances where the plaintiff is found to be partly accountable for the accident because of their own actions, like not moving over to the left shoulder when a truck began to swerve, they could be awarded a lower amount of compensation. This is why it is crucial that you retain an experienced and knowledgeable personal injury attorney to take care of your case. Contact us now to begin.