Truck Accident Law: What's No One Is Talking About
Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws applicable to truck drivers and trucking companies. They will conduct an investigation and discover evidence such as the maintenance records of the trucking company that may support a negligence claim.
A NYC truck accident attorney can determine the negligent parties in your case and assist you in recovering from your injuries.
1. Fatigued or Injured 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 will review video surveillance footage and witness testimony to pinpoint the driver who was responsible for the accident.
Many locations are equipped with surveillance cameras, including most interstates and interchanges, as well as some gas stations, hotels restaurants, and other establishments. A skilled truck accident lawyer can use this evidence in order to identify potential defendants, particularly if the driver seemed inattentive or distracted at the time of the crash.
In louisiana truck wreck lawyer of a truck accident it is also possible that the driver was tired or injured during the time of the crash. The road logs of drivers could reveal if they were sleeping too much or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could also be held accountable for negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep time and increasing their accident risk could have also contributed.
If a dangerous road caused an accident the government agency responsible for maintaining it can be held responsible. A knowledgeable truck accident lawyer can identify the appropriate agency and employ a competent maintenance or construction contractor to determine the cause of the unsafe condition in the event that it is applicable. A knowledgeable attorney can also determine which parties could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These equipments are designed to withstand a lot of usage and must be assessed, maintained, and repaired to prevent failure. When something goes wrong, the driver may be unable to control their vehicle, and this could lead to tragic or fatal accidents. Damaged truck parts and equipment may be the responsibility of a number of entities that include the trucking firm as well as the manufacturer and the repair or parts dealer shop.
When an accident occurs because of a defective piece of equipment or a component the person who was injured can seek damages for both economic and non-economic losses. Economic damages can include future and current medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic emotional distress. In certain cases, punitive damages can be given to punish the defendant and stop future negligence.
Despite the best efforts of trucking companies and drivers equipment malfunctions are bound to happen. It is crucial to determine the parties responsible in order to seek compensation for the losses.
The experienced attorneys at Burch law firm can help you if you have been in a truck accident. Contact us today to schedule a free consultation. Our lawyers will examine the case, identify responsible parties and fight for the compensation you're entitled to. We can help you obtain compensation for medical bills and lost wages at work and physical and emotional pain. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days and 7 days a week to take your call.
3. Unloading Cargo Incorrectly
Drivers and loaders of trucks must adhere to strict guidelines regarding stacking and secure the cargo they transport on the roads. Failure to follow these guidelines could cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most common causes of truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or onto the road. This can be extremely dangerous because the cargo could cause a danger or an obstacle on the road and force drivers to turn around. It could also fall on people who are walking or riding a bike in the vicinity of the truck.
Based on the manner in which the incident was triggered, several parties could be at fault. A driver who was negligent when loading his or her cargo might be held accountable under the legal theory of respondeat superior. The trucking company who employed the driver could also be held accountable in the sense that it is accountable for its employees' actions in accordance with the principle of vicarious liability.
In the event that an accident happened because of unsecurely loaded or secured cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who is at fault. An attorney from Cordisco & Saile LLC can help victims determine the appropriate defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim could result in a settlement or a verdict that provides victims with the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, also have the obligation of keeping their trucks in a good working condition. Failure to do this could result in serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced to allow them to function correctly. If this is not done, it can result in a dangerous, 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 crashes when they drive in adverse conditions or on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the amount of hours they are allowed to drive in a day. These regulations are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or make more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems include inadequate lane markings, such as broken or solid lane lines that cause confusion for drivers about which lane they're in, and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
If a car accident occurs due to poor road conditions the trucking company or government agency that has the responsibility to maintain the road could be held responsible. It is essential to prove that the person in question breached their duty of care in creating hazardous conditions, and this can include negligent hiring and maintenance of the vehicle, or drug testing. In accordance with California law, victims are able to seek compensation for medical expenses, lost income, suffering, and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or in their own backyards. The majority of pedestrians are not protected from the massive size and weight of a truck and could suffer severe or even fatal injuries from such crashes.
In these types of cases, a personal injury attorney will pursue compensation from any party who was negligent. In certain cases, the negligent party may be the driver of the truck who crossed a red light and struck the pedestrian. In other instances, it could be a trucking company that allowed the trucker to work longer than the time allowed by law or did not maintain the vehicle in a timely manner.
Distraction or inattention are among the most common causes of accidents involving trucks and pedestrians. While this kind of incident is normal in any car accident, it can be more dangerous due to the fact that truck drivers tend to be higher in their cabs, and have larger blind areas that are hard to see.
When a pedestrian is injured in a truck accident the pedestrian may be awarded damages for medical bills and loss of earnings, pain and suffering, as well as property damage. In some cases, if the plaintiff is found partially at fault for the accident due to their own actions (such as not turning over to the left side when the truck started to turn) their compensation could be reduced in proportion. It is essential to choose an attorney for personal injuries who is experienced and knowledgeable to manage your case. Contact us today to begin.