Truck Accident Law
A lawyer who has expertise in the industry is well-versed in the laws which govern truck drivers and trucking firms. They will conduct an investigation and discover evidence like maintenance records of the trucking company which could provide evidence for a negligence claim.
A NYC truck accident lawyer in NYC can assist you in determining who is responsible for your accident and help you recover your injuries.
1. Injured or fatigued Driver
When a passenger vehicle is involved in a collision with a truck the most straightforward way to determine who is at fault is to review the driver's actions and demeanor. An attorney for truck accidents can use surveillance footage and witness testimonies to determine the driver responsible.
A lot of places are equipped with surveillance cameras, including most interstates and interchanges, as well like certain gas stations, hotels restaurants, and other businesses. This evidence can be utilized by a truck accident lawyer to identify a potential defendant, particularly if a driver was distracted or unobservant at the time of the accident.
In truck accidents the driver may be fatigued or injured at the time of the incident. The road logs of drivers can reveal whether they slept too little or did not observe 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 accountable for reckless actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep hours and putting them at risk for accidents may have contributed.
If a dangerous road resulted in an accident, the government agency that is responsible for maintaining it could be held responsible. A truck accident lawyer who is knowledgeable will identify the person responsible and engage an expert in construction or maintenance who has experience to determine the root of any unsafe conditions or other unsafe conditions, if applicable. A knowledgeable attorney can identify multiple parties that may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents occur as a result of malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand a lot of wear and tear and must be maintained and repaired to avoid failure. When something goes wrong the driver may be unable to control their vehicle, and it could cause fatal or even fatal accidents. The trucking company, the manufacturer of parts, the parts dealer, or repair shop may all be responsible for defective truck parts and equipment.
If san leandro truck accident lawsuit occurs as a result of an equipment or a part that is damaged, the victim can claim damages for both economic as well as non-economic losses. Economic damages could include medical expenses now and in the future, lost income and the loss of earning potential. Noneconomic damages include pain and discomfort or traumatic brain injuries and emotional anxiety. In certain instances, punitive damages can be awarded to punish the defendant and stop future recklessness.
Despite the best efforts of trucking companies and their drivers problems are inevitable. When this happens, it is crucial to identify the responsible parties to seek compensation for your losses.
If you've been injured in a collision with a truck and need help from an experienced attorney at the Burch Law Firm can help. Call us today to arrange a free consultation. Our lawyers will review the case, determine responsible parties and fight to get the compensation you deserve. We can help you obtain the amount you need to pay for medical bills, lost wages, and physical or emotional pain. We handle cases throughout Missouri including Jefferson City and Columbia. We are available to take your calls 24 hours a day all week long.
3. Improperly loaded Cargo
Drivers and loaders of trucks must adhere to strict rules when it comes to stacking and securing cargo they transport on the roads. Failure to adhere to these guidelines could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the most common reasons for truck accidents.
Most of these truck accidents are caused by cargo falling off the truck onto other vehicles or roads. This can be especially dangerous since the cargo could cause an obstacle or create a danger on the road, forcing other drivers to swerve or hit it. It may also fall onto people who are walking or riding a bike in the vicinity of trucks.
Depending on how the accident occurred, multiple parties may be responsible. If a driver was negligent while loading their cargo, for instance this person could be held accountable under the legal principle of respondeat superior. The trucking company employing that driver may also be liable, as it is responsible for its employees' actions under the principle vicarious responsibility.
An experienced attorney for accidents involving trucks will use police reports as well as professional investigators to identify the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC will assist victims in determining the proper defendants to bring a lawsuit against for compensation for their losses. A successful case could result in a settlement or verdict which will give victims the funds they require to cover the costs of.
4. Unsafe Road Conditions
The drivers and trucking companies have a responsibility to maintain their vehicles in good condition, and when they fail to do this it could result in serious accidents. To ensure that trucks work properly, mechanical components are often inspected and replaced. If this isn't done, it can lead to a dangerous and unsafe road.
The cause of truck crashes is caused by hazardous weather and road conditions. Due to their size trucks are more likely to be involved in accidents during stormy conditions and on roads that are wet. In addition, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they are allowed to drive in a day. These regulations are designed to safeguard the public. However, when truckers ignore these rules in order to meet deadlines or to make more money from employers, they are putting the public at risk.
Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues could be caused by inadequate markings for lane lines, like broken or solid lines that confuse the driver about which lane they are in, or merging ramps that are too narrow for large vehicles to safely change lanes.
If a car accident occurs due to poor road conditions the trucking firm or government agency that is responsible for maintaining the road could be held responsible for the occurrence. The party responsible for creating the unsafe conditions has to be proven guilty of breaching its duty of care. This could be due to negligent hiring or vehicle maintenance, as well as drug testing. Under California law, the victims may recover damages for their medical expenses as well as lost income, suffering, and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents pose danger to pedestrians walking along roads or even in their yards. People who walk on foot are usually not protected from the huge size and weight of a truck, and could suffer severe injuries, which are often fatal, from these kinds of accidents.
In these situations an attorney who is able to handle personal injury may seek compensation from the responsible party. In some instances, this may be as straightforward as the truck driver if they ran at a red light and hit the pedestrian, however in other cases, it could be the trucking company that allowed the trucker to work longer hours than permitted by law, did not maintain the vehicle, or conducted an background check that would have revealed the history of unsafe driving behavior.
Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. This kind of accident is very common in car accidents, but it can be deadly for truck drivers as they are higher and have greater blind zones which are difficult to perceive.
A pedestrian who is injured in a crash with a truck can receive compensation for medical costs loss of earnings, discomfort and pain, as well as property damage. However, in some cases where the plaintiff is found to be partly at fault for the crash due to their own actions, such as not stepping over the left shoulder when a truck began to swerve, they will be awarded less compensation. It is important to hire an attorney for personal injuries who is skilled and experienced to manage your case. Contact us now to get started.