17 Signs To Know You Work With Truck Accident Law
Truck Accident Law
A lawyer who has experience in the field has a thorough understanding of the laws which govern truck drivers and trucking firms. They will investigate to uncover evidence, including maintenance records of a trucking company which could provide evidence to support a claim of negligence.
A NYC truck accident lawyer can assist you in determining who's at fault in your case and assist you in recovering your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is at fault in a collision between two vehicles, a truck and a car is to look at the behavior of the driver. A truck accident lawyer can utilize surveillance footage as well as witness testimony to determine which driver who is at fault.
Many locations have surveillance cameras. This includes the majority of intersections, hotels, interchanges gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence to identify potential defendants, especially if the driver seemed inattentive or distracted during the time of the accident.
In the case of truck accidents, it is possible that the driver was fatigued or even injured at the time of the accident. The road logs of the drivers could reveal if they were sleeping too much or didn't follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company could also be held liable for the negligence of their employees. A negligent hiring or training process could have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as they can, minimizing their rest and sleep time and increasing their chances of causing an accident.
The government agencies responsible for maintaining roads may also be responsible if a hazardous road contributed to the accident. A truck accident lawyer who is well-versed can determine the agency responsible and then hire a contractor for construction or maintenance who has experience to determine the root of any unsafe conditions or other unsafe conditions, if applicable. An experienced lawyer can identify several parties that could be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, such as brakes as well as the coupling system, tires and cargo restraints. These equipments are designed to stand up to the rigors of use and should be inspected and maintained to prevent failure. When something goes wrong, it could render the driver of a truck in a position to control the vehicle, and could result in fatal or serious collisions. Incorrect truck parts and equipment may be the fault of several different entities that include the trucking firm or the manufacturer, as well as the repair or parts dealer shop.
If an accident occurred because of a defective component or piece of equipment, the victim could seek compensation for economic and noneconomic losses. Economic damages may include medical costs at present and in the future, lost income and the loss of earning potential. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress. In certain instances punitive damages could be available to punish the defendant in order to stop similar negligence from happening in the future.
Despite the best efforts by trucking companies and drivers equipment problems are inevitable. It is crucial to determine the responsible parties to pursue compensation for the loss.
If you've been injured in a truck accident the skilled attorneys at Burch Law Firm are able to assist. Contact us today to set up a free consultation. Our lawyers will examine your case, identify liable parties and fight to get the compensation you're entitled to. We can help you obtain compensation for medical expenses as well as lost wages from work, as well as physical and emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day seven days a week to answer your call.
3. Unloading Cargo Improperly
The cargo that trucks carry on the road might seem simple enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. Any failure to comply with these guidelines could cause serious issues. In a recent research, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the major causes of truck accidents.
The majority of these truck crashes are caused by cargo falling from the vehicle onto other vehicles or roads. This can be particularly risky since the cargo could cause an obstruction or create a risk on the road, causing other drivers to slow down or smash into it. It may also fall onto pedestrians or cyclists riding a bike in the vicinity of a truck.
In the event of the accident, there may be several parties at fault. A driver who was negligent in loading his or cargo could be held accountable according to the legal doctrine of respondeat superior. The trucking company that employed the driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
In instances where an accident happened because of unsafely loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco and SAIL LLC lawyer will assist victims to determine which defendants to make a claim for compensation against. A successful claim may result in a settlement or verdict that provides victims with the financial support they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as their drivers, also have a responsibility to maintain their trucks in good working condition. If they don't, it can lead to serious accidents. The majority of trucks have mechanical components that require to be examined and replaced to allow them to function properly. If this isn't done the result is dangerous and unsafe roads.
The conditions of the road and weather can cause truck accidents too. Because of their size, trucks are more likely to be involved in a crash when they drive in bad weather or on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they are permitted to drive each day. These rules are intended to protect the public, but when truck drivers do not follow them in order to meet deadlines, or to make 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 cause skidding. Other problems can include inadequate markings for lane, such as solid or broken lines that confuse drivers on which lane they're in, and merging ramps that are too narrow for large vehicles to safely change lanes.
If a truck crash occurs due to poor road conditions the trucking company or government agency responsible to maintain the road could be held responsible. It is necessary to prove that the person in question breached their duty of care by creating unsafe conditions. This may include negligent hiring or maintenance of the vehicle, and drug testing. In accordance with California law, victims are able to claim compensation for medical expenses or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along streets or within their own yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and can suffer catastrophic or fatal injuries.
In these types of situations the personal injury attorney will pursue compensation from any party that was negligent. In some cases, this may be as simple as suing 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 allowed by law, did not maintain the vehicle, or conducted an examination of their background that would have found a history of unsafe driving behavior.
Inattention or distraction are the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is quite common in car accidents, but it can be fatal for truck drivers since they are higher and have a larger blind zone that are difficult to discern.
A pedestrian who is injured in a collision with a truck may be awarded compensation for medical expenses as well as lost earnings, pain and discomfort, and property damage. However, in some cases where the plaintiff is found to be partially responsible for the crash because of their own actions, like not stepping over the left shoulder when a truck started to swerve, they will be awarded a lower amount of compensation. This is why it's vital to choose an experienced and knowledgeable personal injury lawyer to handle your case. Contact hialeah truck wreck lawyer to begin.