Truck Accident Law
A skilled lawyer for truck accidents has a deep understanding of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will seek out evidence, such as the maintenance records of trucking companies which may be evidence to support a claim of negligence.
A NYC truck accident attorney can determine the responsible parties in your case, and help you recover from your injuries.
1. Fatigued or Injured Driver
The most efficient method to determine who is responsible in a collision between a truck and a passenger car is to study the driver's behavior. A lawyer for truck accidents can review video surveillance footage and witness testimony to determine the driver who was responsible for the accident.
Many places are equipped with surveillance cameras, including most interstates and interchanges, as well in certain gas stations, hotels restaurants, and other establishments. A skilled truck accident lawyer can make use of this evidence to identify a potential defendant, particularly when the driver appeared unfocused or distracted during the time of the accident.
In truck accidents the driver might have been fatigued or injured at the time of the incident. A thorough analysis of the driver's track logs can reveal whether they slept too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers can be on the road and require sufficient rest breaks.
The trucking company could also be held accountable for negligence of their employees. A negligent hiring or training process could have contributed to the accident, as could policies that encourage drivers to stay on the road for as long as is possible, which can result in a reduction in rest and sleep hours and thereby increasing the risk of being involved in an accident.
If a hazardous road resulted in an accident, the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who has experience can identify the responsible agency and then an expert in construction or maintenance with experience to investigate the root of any unsafe conditions, if applicable. A knowledgeable attorney can identify multiple parties that may be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents happen because of faulty equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were designed to withstand the rigors of use and must be 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. Incorrect parts and equipment for trucks could be the responsibility of several entities which include the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident occurred as a result of a malfunctioning part or piece of equipment, the person injured could pursue damages for economic and noneconomic damages. Economic damages could include medical expenses at present and in the future, loss of income and the loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury emotional distress, and traumatic brain injury. In some cases punitive damages can be given to penalize the defendant and prevent future recklessness.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. It is essential to identify the parties responsible in order to pursue compensation for your losses.
If you have been involved in a truck accident, the experienced attorneys at the Burch Law firm can assist. Contact us today to schedule a free consultation. Our lawyers will examine your case, find liable parties and fight to get the compensation you're entitled to. We can help you recover compensation for medical bills or lost wages from work as well as physical and mental suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days, 7 days a weeks to answer your phone.
3. Improperly Loaded Cargo
Truck drivers and loaders must adhere to strict guidelines regarding stacking and securing the cargo they transport on the road. Failure to follow these guidelines could cause serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the major reasons for truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This is especially dangerous because the cargo could cause a danger or obstruction on the road and cause drivers to turn around. It can also fall onto people who are cycling or walking near the truck.
Depending on how the accident occurred, multiple parties may be responsible. A driver who was negligent when loading his or her cargo could be held accountable in the context of the legal theory respondeat superior. However the trucking company that employs the driver could be equally liable, since it is accountable for the actions of its employees according to the principle of vicarious liability.
An experienced attorney for truck accidents can use police reports and professional investigators to determine what caused of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims identify the right defendants to file a claim against for compensation for their loss. A successful claim could result in a settlement or verdict that will provide victims with the financial assistance they require to recover.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in good condition, and when they fail to do this they could cause serious accidents. To ensure that trucks operate properly, mechanical parts are often checked and replaced. If this doesn't happen it results in dangerous and unsafe roads.
Accidents involving trucks can also be caused by dangerous weather or road conditions. Due to their massive size, trucks are more likely to be involved in crashes when they are driving in bad conditions or on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration rules about the number of hours they are permitted to drive each day. These rules are intended to safeguard the public. However truckers who ignore these rules in order to meet deadlines, or to earn more money from employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems include inadequate lane markings such as solid or broken lane lines that cause confusion for drivers about what lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
If a truck accident happens because of road conditions that are not safe, the trucking firm or government agency responsible to maintain that road could be held responsible. The party who created the hazardous conditions must be proven to have breached its duty of care. This could include negligent hiring, vehicle maintenance, and drug testing. California law allows victims to seek damages for medical expenses as well as lost wages, suffering and loss of quality of life.
5. chico truck accident lawsuit involving pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their own backyards. People walking on foot are not always protected from the weight and size of a truck, and may suffer catastrophic or fatal injuries.
In these situations an attorney who is able to handle personal injury will seek to recover compensation from the responsible party. In some instances, this may be as easy as the truck driver if they ran an intersection and struck the pedestrian, however in other instances it could be the trucking company that allowed the trucker to work longer hours than permitted by law, or failed to conduct proper maintenance on the vehicle, or even conducted a background check that would have found a history of unsafe driving behavior.
Accidents involving pedestrians and trucks are usually result from the driver's inattention or apathy. This kind of accident is very common in car accidents, but it can be deadly for truck drivers due to the fact that they are higher and have greater blind zones which are difficult to spot.
A pedestrian who is injured in a truck crash can be awarded compensation for medical expenses as well as lost earnings, discomfort and pain, as well as property damage. In some cases, if the plaintiff is found to be partially at fault for the accident because of their own actions (such as not stepping over to the left side when the truck started to turn) the compensation they receive could be reduced in proportion. It is important to hire an attorney for personal injuries who is skilled and experienced to take care of your case. Contact us today to get started.