Truck Accident Law
A competent lawyer for truck accidents is knowledgeable about the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will seek out evidence, like trucking company maintenance records which could justify a claim of negligence.
A NYC truck accident lawyer will determine the responsible parties in your case, and assist you in recovering from your injuries.
1. Fatigued or injured driver
The most effective method of determining who is at fault in a collision between an automobile and a car is to look at the driver's behavior. A lawyer who handles truck accidents will review surveillance footage and witness statements to determine which driver was responsible for the accident.
A lot of places have surveillance cameras. This includes all intersections, hotels, interchanges gas stations, restaurants, and hotels. A skilled truck accident lawyer can use this evidence in order to identify a potential defendant, particularly when the driver seemed unobservant or distracted at the time of the crash.
In the event of a truck crash it is also possible that a driver was tired or injured during the time of the crash. The road logs of the drivers will show if they slept insufficiently or did not observe the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company may also be held responsible for the negligent actions of their employee. A negligent hiring or training process could have contributed to this accident, as could policies that encourage drivers to drive for as long as is possible, minimizing their rest and sleep time and increasing their chances of causing an accident.
If a hazardous road caused an accident, the government agency accountable for maintaining it may be held responsible. A knowledgeable truck accident lawyer will identify the relevant agency and enlist a skilled maintenance or construction contractor to examine the root of the dangerous condition in the event that it is applicable. An experienced lawyer can identify multiple parties who may be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, such as brakes and tires, coupling systems, and cargo restraints. These pieces of equipment were designed to withstand a lot of wear and tear and should be maintained and repaired to prevent failure. When something goes wrong, the driver may be unable to control their vehicle, and this can lead to tragic or fatal accidents. The trucking company, the manufacturer, parts dealer, or repair shop can be held accountable for the defective truck parts and equipment.
If an accident occurs because of a defective piece of equipment or a component the injured party may seek damages for both economic as well as non-economic losses. Economic damages may include medical costs now and in the future, loss of income and the loss of earning potential. Noneconomic damages include pain and suffering trauma to the brain emotional distress. In some cases punitive damages can be available to punish the defendant in order to prevent similar wrongful acts from happening again in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. It is important to identify the parties accountable in order to pursue compensation for your loss.
If kansas city truck accident attorney have been involved in a truck crash and need help from an experienced attorney at the Burch Law firm can assist. Contact us now to set up a complimentary consultation. Our lawyers will analyze the case, identify responsible parties and fight for the compensation you're entitled to. We can help you obtain compensation to pay medical bills, lost wages, and physical or emotional suffering. We handle cases in Missouri including Jefferson City and Columbia. We are on hand to answer your calls all day and seven days a semaine.
3. Unloading Cargo Improperly
The cargo that trucks carry on the roads may seem easy enough, but there are strict guidelines that loaders and drivers must follow in terms of stacking and secure their loads. Infractions to these rules can cause serious problems. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the main reasons for truck accidents.
The majority of truck accidents result from cargo falling from the vehicle onto roads or other vehicles. This can be particularly risky since the cargo could cause an obstacle or create a danger on the road, causing other drivers to swerve or hit it. It may also fall on people who are biking or walking near the truck.
Based on the manner in which the incident was triggered, several parties could be responsible. If a driver was negligent while loading his or her cargo, for instance it could be held responsible under the legal theory of respondeat superior. The trucking company employing that driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions under the principle of vicarious accountability.
An experienced attorney for accidents involving trucks will use police reports as well as professional investigators to determine the cause of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney can help victims determine which defendants they should submit a claim to compensation against. A successful claim could result in a settlement or a verdict that provides victims with the financial assistance they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in good condition. If they fail to do so it could lead to serious accidents. To ensure that trucks operate properly, mechanical parts are often inspected and replaced. If this doesn't happen, the result is a dangerous and unsafe roadway.
The road and weather conditions can cause truck accidents too. Because of their size truck's size, they are more likely to crash in stormy weather conditions and on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they are allowed to drive in a day. These regulations are designed to protect the public, but if truck drivers do not follow them to meet deadlines or to earn more money from their employers, it puts the public in danger.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient lane markings like solid or broken lane lines that make drivers confused about the lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
If a car accident occurs because of road conditions that are poor, the trucking company or the government agency responsible for maintaining the road may be held liable for the occurrence. It is imperative to prove that the person in question breached their duty of care in creating unsafe conditions. This can be a result of negligent hiring, maintenance of the vehicle, or drug tests. California law permits victims to seek damages for medical expenses, lost wages, suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck and can suffer fatal or catastrophic injuries.
In these types of cases the personal injury attorney will seek compensation from any person who was negligent. In some cases the responsible party could be the driver of the truck who ran a red flag and struck a pedestrian. However, in other cases it could be a trucking business which allowed the trucker to work longer than the law allows, or failed to maintain the vehicle in a timely manner.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. This kind of accident is quite common in car accidents, but it can be fatal for truck drivers since they are higher in the air and have greater blind zones which are difficult to spot.
A pedestrian who is injured in a collision with a truck may receive compensation for medical costs, lost earnings, discomfort and pain, as well as property damage. In some instances, the plaintiff is found partially at fault for the incident due to their own actions (such as not transferring to the left side when the truck started to slow down), their compensation can be reduced accordingly. It is essential to choose an injury lawyer who is knowledgeable and experienced to handle your case. Contact us today to start.