Truck Accident Law
A lawyer for truck accidents who has experience in the field is well-versed in the laws that govern truck drivers as well as trucking companies. They will seek out evidence, such as maintenance records of a trucking company which could be used to prove negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault for your incident and assist you in recovering your injuries.
1. Driver injured or fatigued
If a vehicle carrying passengers collides with a truck, the easiest way to determine who is at fault is to review the conduct of the driver and his manner. A truck accident lawyer can use surveillance footage and witness testimony to determine which driver responsible.
Many locations have surveillance cameras. This includes many intersections, hotels, interchanges gas stations, restaurants, and hotels. This evidence can be used by a truck accident lawyer to identify a potential defendant, particularly if the driver appeared distracted or inattentive at the time of the accident.
In the event of a truck accident the driver might be injured or fatigued at the time. A thorough analysis of the driver's road logs will reveal if they spent too long without sleep or failed to follow Motor Carrier Safety Regulations that restrict the amount of time truckers are allowed to spend on the road and require regular rest breaks.
The trucking company could be held responsible for the reckless actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their rest and sleep time and thereby increasing their risk of being injured could also have contributed to.
If a hazardous road caused an accident, the government agency that is responsible for maintaining it could be held responsible. A knowledgeable truck accident lawyer 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 identify multiple parties that may be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are the result of malfunctioning equipment. This includes brakes, tires and cargo restraints. These equipments are designed to endure rigorous use and must be properly assessed and maintained to prevent failure. When something goes wrong it could leave the truck driver unable control the vehicle and may cause fatal or serious collisions. The trucking company, the manufacturer, parts dealer or repair shop could all be responsible for defective truck parts and equipment.
If an accident happened because of a defective component or piece of equipment, the injured party could seek damages for both economic and noneconomic losses. Economic damages include the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain, traumatic brain injury, and emotional distress. In rockford truck accident lawyer are given to penalize the defendant and prevent future mistakes.
Despite the best efforts of trucking companies and their drivers problems are inevitable. When this happens, it is important to determine the liable parties to pursue compensation for your loss.
If you have been involved in a collision with a truck and need help from an experienced attorney at Burch Law Firm are able to help. Contact us now to set up an appointment at no cost. Our lawyers will go over the case, determine responsible parties and fight for the compensation you're entitled to. We can assist you in obtaining compensation for medical bills 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 seven days a week to answer your phone.
3. Unloading Cargo Incorrectly
Truck drivers and loaders must adhere to strict regulations when it comes to stacking and securing cargo they transport on the road. Failure to follow these guidelines can cause serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the major reasons for truck accidents.
Many of these truck crashes involve cargo falling off the vehicle and onto other vehicles or the road. This is particularly dangerous because the cargo could create an obstacle or hazard on the road, causing other drivers to swerve or crash into it. It could also fall on people who are walking or riding a bicycle in the vicinity of the truck.
In the event of the incident, there could be several parties at fault. If a driver was negligent while loading their cargo, for instance it could be held responsible under the legal theory of respondeat superior. However the trucking firm that employs the driver could be held accountable, too, since it is accountable for the actions of its employees under the principle of vicarious liability.
An experienced lawyer for truck accidents can utilize police reports and professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. A Cordisco & SAIL LLC attorney can assist victims in determining which defendants they should file a claim for compensation against. A successful case could result in a settlement or verdict that will provide victims with the funds they require to cover the costs of.
4. Unsafe Road Conditions
Trucking companies, as well the drivers they employ, bear the responsibility of keeping their vehicles in good working order. Failure to do this could lead to serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced in order for they to function properly. If this isn't the case, the result is dangerous and unsafe roads.
Accidents involving trucks can also be caused by dangerous weather or road conditions. Due to their size trucks are more prone to be involved in accidents during stormy weather conditions and on roads with a lot of water. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are allowed to drive in a day. These rules are designed to protect the public, but if truck drivers ignore them to meet deadlines or make more money from their employers, it puts the public in danger.
Potholes and uneven surfaces can cause skidding. Other issues can be due to inadequate lane markings, such as solid or broken lines that confuse drivers about which lane they are in, and merging ramps that aren't long enough for large vehicles to safely switch lanes.
When a truck accident happens because of road conditions that are poor the trucking company or government agency responsible for maintaining that road could be liable for the accident. It is essential to prove that the person in question breached their duty of care by creating unsafe conditions. This can be a result of negligent hiring or maintenance of the vehicle, or drug tests. California law permits victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their own backyards. Pedestrians typically have no protection from the massive size and weight of a truck, and they can sustain catastrophic, often fatal injuries from these types of crashes.
In these kinds of cases an attorney for personal injury will seek compensation from any person who was negligent. In some instances the responsible party could be the driver of the truck who ran a red flag and hit the pedestrian. However, in other cases, it could be a trucking business which allowed the trucker work longer than the law allowed or did not maintain the vehicle in a proper manner.
Accidents involving trucks and pedestrians are most often caused by the driver's lack of attention or distraction. While this kind of incident is common with any car accident, it can be more fatal due to the fact that truck drivers are generally higher up in their cabs. They also have bigger blind areas which are difficult to spot.
A pedestrian injured in a truck crash can receive damages for medical expenses and lost earnings, as well as pain and discomfort, and property damage. In some instances, the plaintiff is found partially accountable for the incident because of their own actions (such as not turning over to the left side when the truck began to slow down) the amount they receive will be reduced according to. It is important to hire an attorney for personal injuries who is skilled and experienced to handle your case. Contact us today to start.