10 Sites To Help To Become An Expert In Truck Accident Law
Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will conduct an investigation to find evidence, including maintenance records for trucking companies that could be used to provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's at fault for your incident and assist you in recovering your injuries.
1. Fatigued or injured 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 behavior of the driver. A lawyer for truck accidents can look over surveillance footage and witness testimony to determine who was at fault.
Many locations have surveillance cameras. This includes most intersections, hotels, interchanges, gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence in order to identify potential defendants, especially when the driver seemed unobservant or distracted at the time of the crash.
In truck accidents the driver could have been fatigued or injured at the time of the accident. A thorough investigation of the driver's track logs can reveal whether they slept too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and demand regular rest breaks.
The trucking company may also be held responsible for the negligence of their employees. A negligent hiring procedure or training policy could have led to the accident. bakersfield truck accident attorney that encourage drivers to drive as long as they can, reducing their rest and sleep hours and putting them at risk for accidents could have also contributed.
If a road that is dangerous caused an accident the government agency accountable for maintaining it may be held accountable. A knowledgeable lawyer for truck accidents will identify the relevant agency and hire an experienced maintenance or construction contractor to look into the cause of the dangerous condition and, if appropriate, to determine the cause. A knowledgeable attorney can identify multiple parties that may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, such as brakes, tires, coupling systems, and cargo restraints. These equipments are designed to endure rigorous use, and must be assessed and maintained to prevent failure. When something goes wrong, a trucker may be unable to control their vehicle and it could cause serious or fatal accidents. Incorrect truck parts and equipment can be the fault of several different entities such as the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident took place because of a defective part or piece of equipment, the injured party could seek compensation for economic and noneconomic losses. Economic damages can include the current and future medical costs lost income, loss of earning capacity. Noneconomic damages include pain and discomfort and brain injuries that cause trauma and emotional distress. In some cases, punitive damages may also be available to punish the defendant to stop similar negligence from occurring again.
Even with the best efforts of trucking companies and drivers equipment issues are a given. When this happens, it's important to determine the liable parties so that you can claim compensation for your losses.
The highly experienced lawyers at Burch law firm can assist those who have been involved in a car accident. Contact us today for a complimentary consultation. Our lawyers will analyze your case, find liable parties and fight to get the compensation you're entitled to. We can help you recover compensation for medical expenses or lost wages from work and physical and emotional pain. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours a day seven days a week to answer your phone.
3. Unloading Cargo Incorrectly
Truck drivers and loaders must adhere to strict regulations regarding stacking and securing cargo they transport on the road. Infractions to these rules could result in serious issues. In a recent study the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main reasons for truck accidents.
Most of these truck accidents are caused by cargo falling off the truck onto other vehicles or roads. This is particularly risky, as the cargo could cause a danger or obstruction on the road and cause drivers to turn around. It could also fall on people who are walking or riding a bicycle near the truck.
Depending on the way in which the accident took place, a variety of parties could be at fault. A driver who was negligent in loading his cargo may be held responsible according to the legal doctrine of respondeat superior. The trucking company that employed that driver may also be liable in the sense that it is accountable for the actions of its employees under the principle of vicarious accountability.
An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to identify the cause of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer will assist victims to determine which defendants to pursue a claim for compensation against. A successful claim may result in a verdict or settlement that will provide victims with the money they require to recover.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their vehicles in good condition, and when they fail to do this, it can lead to serious accidents. To ensure that trucks work correctly, mechanical parts are often checked and replaced. If this isn't the case it results in an unsafe and dangerous road.
The road and weather conditions can also trigger truck accidents. Due to their massive dimensions, trucks are more likely to be involved in crashes when they drive in bad weather or on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they can drive per day. These regulations are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or gain more money from their employers, they put the public at risk.
Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues are inadequate lane markings like solid or broken lines of lane that confuse drivers about which lane they're in, and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a car accident occurs because of poor road conditions, the trucking firm or the government agency that is responsible to maintain the road could be held accountable. The person responsible for causing the hazardous conditions must be proven guilty of breaching its obligation of care. This could include negligent hiring or maintenance of vehicles, as well as drug testing. California law permits victims to recover damages for medical bills and lost wages, as well as suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents are dangerous for pedestrians who walk along roads or even in their yards. Most pedestrians don't have protection from the huge size and weight of a truck and can suffer catastrophic, often fatal injuries from these kinds of crashes.
In these cases an attorney for personal injury will seek to recover compensation from the person who caused the injury. In some instances it could be as easy as the truck driver who ran a red light and struck the pedestrian, however in other cases, it could be the trucking company who allowed the trucker longer shifts than is permitted by law, did not conduct proper maintenance on the vehicle, or even conducted an background check which would have revealed the existence of a history of dangerous driving behavior.
Distraction or inattention are the most common causes of accidents involving trucks and pedestrians. Although this type of incident is not uncommon in any car crash, it can be more deadly due to the fact that truck drivers are generally higher in their cabs and have larger blind areas that are difficult to discern.
When a pedestrian is injured in a crash involving a truck, they can be awarded compensation for medical expenses or loss of earnings pain and suffering, and property damage. However, there are cases where the plaintiff is found to be partially at fault for the crash because of their own actions, such as failing to move over to the left shoulder when a truck started to swerve or avert, they may be awarded a lower amount of compensation. This is why it's essential to retain an experienced and knowledgeable personal injury attorney to handle your case. Contact us now to begin.