10 Of The Top Facebook Pages Of All Time About Truck Accident Law
Truck Accident Law
A competent truck accident lawyer possesses in-depth knowledge of the trucking industry, including specific laws applicable to truck drivers and trucking companies. They will investigate and uncover evidence, such as maintenance records of the trucking company that may be evidence of 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. Fatigued or Injured Driver
The most effective method of determining who is at fault in a collision between two vehicles, a truck and a vehicle is to scrutinize the behavior of the driver. A truck accident lawyer can utilize surveillance footage as well as witness testimony to determine which driver responsible.
Many locations are equipped with surveillance cameras, such as most intersections and interchanges as as certain gas stations, hotels, restaurants, and other businesses. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, especially if the driver appeared distracted or inattentive at the moment of the accident.
In cases of truck accidents, it could be that the driver was tired or injured during the time of the crash. A thorough review of the driver's road logs can reveal if they went too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and require adequate rest breaks.
The trucking firm could be held responsible for the negligent actions of their employees. A improper hiring or training procedure could have contributed to this accident, and so could policies that encourage drivers to drive for as long as they can while limiting their rest and sleep hours and thereby increasing the chance of being involved in an accident.
Government agencies responsible for maintaining roads may also be liable if a hazardous roadway caused the accident. A truck accident lawyer who is well-versed can identify the responsible agency and then a contractor for construction or maintenance who is experienced to investigate the root cause of any hazardous conditions and, if necessary, to determine the cause. An experienced lawyer can identify various parties who could be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, like brakes as well as the coupling system, tires, and cargo restraints. These items were designed to withstand heavy usage and should be maintained and repaired to avoid failure. When something goes wrong, it can leave the driver of a truck unable to control the vehicle and can result in serious or fatal collisions. The trucking company, the manufacturer of parts, the parts dealer, or repair shop could all be responsible for defective truck parts and equipment.
If an accident occurs as a result of a malfunctioning piece of equipment or a component the person who was injured can seek damages for both economic as well as non-economic losses. Economic damages may include future and current medical expenses, lost income, and loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries and emotional distress. In some cases punitive damages may be awarded to punish the defendant and prevent future recklessness.
Despite the best efforts of trucking companies and their drivers, some equipment issues are inevitable. When this happens, it's crucial to identify the responsible parties to seek compensation for your loss.
The experienced attorneys at Burch law firm can help you if you've been involved in a collision with a truck. Contact us today to schedule an initial consultation for free. Our lawyers will examine the case, determine responsible parties and fight for the compensation you deserve. We can help you recover compensation to pay medical bills, lost wages, and emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. boston truck accident law firm are available 24 hours a day and 7 days a week to answer your phone.
3. Unloading Cargo in a way that isn't safe
The cargo trucks carry on the roads may seem straightforward enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. Failure to adhere to these guidelines could result in serious issues. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the most common reasons for truck accidents.
A large number of truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the roadway. This can be especially dangerous because the cargo could create an obstruction or create a risk on the road, forcing other drivers to slow down or smash into it. It could also fall on pedestrians who are cycling or walking in the vicinity of the truck.
Depending on how the accident occurred, a number of parties could be responsible. If an individual driver was negligent in loading his or her cargo, for instance the driver could be held responsible under the legal doctrine of respondeat superior. However the trucking company that employs that driver might be equally liable, because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for accidents involving trucks can make use of police reports and professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney will assist victims to determine the defendants they should file a claim for compensation against. A successful claim could result in a verdict or settlement which will give victims the financial assistance they require to cover the costs of.
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 so, it can lead to serious accidents. To ensure that the trucks are operating correctly, mechanical components are often inspected and replaced. If this is not done, it could result in a dangerous, unsafe road.
The road and weather conditions can also lead to truck crashes. Due to their massive size, trucks are more likely to be involved in crashes when they are driving in bad weather conditions or on roads with a lot of water. In addition, truck drivers are required to follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These rules are intended to protect the public, but if truck drivers fail to follow them to meet deadlines or to gain more money from their employers, it puts 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, such as broken or solid lines of lane that confuse drivers about what lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
When a truck accident happens due to poor road conditions the trucking company or the government agency that is responsible for maintaining the road could be liable for the incident. The person who caused the dangerous conditions must be proven guilty of breaching its duty of care. This could include negligent hiring or vehicle maintenance, as well as drug testing. California law allows 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 hazardous for pedestrians walking along roadways or even in their yards. The majority of pedestrians are not protected from the huge size and weight of a truck and can suffer catastrophic and often fatal injuries in such crashes.
In these cases the personal injury attorney will seek compensation from the party who was negligent. In some cases, the negligent party may be the driver of the truck who ran a red light and struck the pedestrian. In other instances it could be a trucking firm which allowed the trucker work longer than the law allowed or failed to maintain the vehicle in a proper manner.
Accidents involving trucks and pedestrians are usually caused by drivers' inattention or apathy. While this type of accident is not uncommon in any car crash, it can be more fatal due to the fact that truck drivers are generally higher in their cabs, and have larger blind areas that are difficult to see.
A pedestrian who is injured in a car crash may be awarded compensation for medical expenses loss of earnings, discomfort and pain, as well as property damage. In some instances, the plaintiff is found to be partially accountable for the incident because of their own actions (such as not stepping over to the left side when the truck began to swerve) the compensation they receive could be reduced accordingly. This is why it is important to hire a knowledgeable and experienced personal injury attorney to manage your case. Contact us today to start.