Truck Accident Law
A lawyer who has knowledge of the field has a deep understanding of the laws that regulate truck drivers and trucking firms. They will seek out evidence, like the maintenance records of trucking companies that could be used to support a claim of negligence.
A NYC truck accident lawyer can help you determine who is the fault in your situation and help you recover for your injuries.
1. Injured or fatigued Driver
The most efficient method to determine who is at fault in a collision between an automobile and a vehicle is to scrutinize the driver's behavior. A truck accident lawyer can look over video surveillance footage and witness testimony to pinpoint the driver who was at fault.
Many locations are equipped with surveillance cameras, including the majority of intersections and interchanges as well some hotels, gas stations, restaurants, and other establishments. This evidence can be used by a truck wreck lawyer to determine a potential defendant, particularly if the driver appeared distracted or inattentive at the moment of the accident.
In the event of a truck crash it is also possible that the driver was fatigued or even injured during the time of the crash. The road logs of drivers will show if they had a sleepless night or did not follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company could be held accountable for negligent acts of their employee. A improper hiring or training procedure may have contributed to the accident, and so could policies that encourage drivers to remain on the road for as long as they can, minimizing their sleep and rest time and increasing their risk of an accident.
Government agencies that are responsible for maintaining roads can also be held accountable if a dangerous road contributed to the accident. A truck accident lawyer who is knowledgeable will identify the person responsible and engage an expert in construction or maintenance with experience to investigate the root cause of any hazardous conditions in the event of a case. A knowledgeable attorney can also identify the multiple parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, including brakes, tires, coupling systems, and cargo restraints. These components were developed to withstand heavy usage and should be maintained and repaired to avoid failure. When something goes wrong, it could leave the driver of a truck in a position to control the vehicle and could result in fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
If an accident happened because of a defect in a component or piece of equipment, the injured party may seek damages for economic and noneconomic damages. Economic damages include current and future medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and discomfort, traumatic brain injuries, and emotional anxiety. In some cases punitive damages can be available to punish the defendant in order to stop similar negligence from occurring in the future.
Even with the best efforts by trucking companies and drivers, equipment problems are a given. If this happens, it is important to determine the liable parties so that you can claim compensation for your loss.
The highly skilled attorneys at the Burch law firm can help those who have been involved in a truck crash. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will go over the case, determine responsible parties and fight for the compensation you deserve. We can assist you in obtaining the compensation you deserve for medical bills or lost wages from work and physical and emotional pain. cincinnati truck accident lawyer handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a day seven days a week to take your call.
3. Unloading Cargo in a way that isn't safe
The cargo trucks transport on the roads may seem simple enough, but there are strict guidelines that drivers and loaders must adhere to when stacking and securing 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 is among the main causes of truck accidents.
The majority of truck accidents result from cargo falling off the truck onto other vehicles or roads. This can be especially dangerous since the cargo could cause an obstruction or create a risk on the road, causing other drivers to swerve or to crash into it. It could also fall on people who are walking or riding a bicycle near the truck.
Depending on the way in which the accident occurred, multiple parties may be responsible. If the driver was negligent when loading his or her cargo, for instance this person could be held liable under the legal doctrine of respondeat superior. However the trucking company which employs that driver might be held accountable, too, because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents can make use of police reports and professional investigators to determine the root of an accident that was caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney will assist victims to determine which defendants they should make a claim for compensation against. A successful claim could result in a settlement or verdict which gives victims the financial assistance they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, also have the responsibility of keeping their vehicles in good working order. Failure to do so could lead to serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced in order for they to function properly. If this isn't done, it could lead to a dangerous and unsafe road.
The weather and road conditions can also trigger truck accidents. Due to their size trucks are more prone to crash in stormy weather conditions and on roads with a lot of water. In addition truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they are allowed to drive in a day. These rules are meant to safeguard the public. However truckers disregard these rules to meet deadlines, or to earn more money from employers, they place the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems can include inadequate markings for lane, such as broken or solid lines that confuse the driver about the lane they're in, or merging ramps that are not long enough for large vehicles to safely switch lanes.
If a car accident occurs due to road conditions that are poor the trucking company or the government agency that is responsible to maintain the road could be held liable. It is imperative to prove that the party who caused the accident violated their obligation of care by creating unsafe conditions. This may include negligent hiring or maintaining the vehicle, or drug tests. In accordance with California law, the victims may seek compensation for medical expenses, lost income, suffering and loss of quality of life.
5. Injuries to pedestrians
Truck accidents are dangerous for pedestrians walking along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck, and may be terribly injured or killed.
In these kinds of cases the personal injury attorney will seek compensation from the party who was negligent. In some cases it could be as easy as the truck driver who ran a red light and struck the pedestrian, but in others it could be the trucking company who permitted the trucker to work longer hours than permitted by law, or failed to take care of the vehicle, or even conducted an examination of their background which would have revealed the history of unsafe driving behavior.
Accidents involving pedestrians and trucks are most often caused by the driver's inattentiveness or apathy. This kind of accident happens frequently in car accidents, but it can be deadly for truck drivers as they are higher and have larger blind zones that are difficult to see.
A pedestrian who is injured in a crash with a truck can be awarded compensation for medical expenses, lost earnings, pain and discomfort, and property damage. In some instances, where the plaintiff is found to be partly at fault for the crash due to their own actions, like not moving over to the left shoulder when a truck began to swerve, they could receive compensation that is reduced. It is important to select a personal injury lawyer who is knowledgeable and experienced to handle your case. Contact us now to get started.