10 Inspiring Images About Truck Accident Law
Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will look into evidence, including maintenance records for trucking companies, that may justify a claim of negligence.
A NYC truck accident lawyer can determine the negligent parties in your case and help you recover from your injuries.
1. Injured or fatigued Driver
The easiest way to determine who is at fault in a collision between two vehicles, a truck and a car is to examine the driver's behavior. A lawyer for truck accidents will review surveillance footage and witness testimony to determine which driver was at fault.
There are many places with surveillance cameras. This includes all intersections, interchanges, hotels gas stations, restaurants, and hotels. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, particularly if a driver was distracted or unobservant at the time of the accident.
In truck accidents the driver might have been injured or fatigued at the time. A thorough examination of the driver's logs can reveal whether they slept too long without sleep or did not follow Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and require adequate rest breaks.
The trucking company could also be held accountable for the negligence of their employees. A negligent hiring or training method might have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as they can, which can result in a reduction in rest and sleep hours and thereby increasing the chances of causing an accident.
Government agencies that are responsible for maintaining roads can also be held responsible if a hazardous road caused the accident. A truck accident lawyer who is well-versed can identify the responsible agency and then a construction or maintenance contractor with experience to investigate the root of any unsafe conditions in the event of a case. An experienced attorney can pinpoint several parties that could be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to endure rigorous usage and must be examined, maintained, and repaired to avoid failure. If something goes wrong it could make the truck driver unable control the vehicle and may cause fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop could all be responsible for defective truck parts and equipment.
If an accident occurs because of a defective piece of equipment or a component that is damaged, the victim can seek damages for both economic and non-economic damages. Economic damages may include future and current medical expenses lost income, loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries and emotional distress. In certain instances, punitive damages may also be available to punish the defendant in order to stop similar negligence from occurring in the future.
Despite the best efforts of trucking companies and their drivers problems are inevitable. It is crucial to determine the parties responsible in order to seek compensation for the losses.
The experienced attorneys at Burch law firm are able to assist you if you've been involved in a car accident. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will go over the case, identify the responsible parties and fight for the compensation you're due. We can help you obtain compensation for medical expenses as well as lost wages and emotional or physical suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day and 7 days a week to answer your calls.
3. Unproperly Loaded Cargo
Loaders and drivers of trucks must follow strict guidelines regarding stacking and secure the cargo they transport on the roads. Infractions to these rules can cause serious problems. In a recent study the Federal Motor Carrier Safety Administration found that shifting cargo was one of the most common causes of truck accidents.
A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the road. This is especially dangerous since the cargo may cause a danger or an obstacle on the road, and force drivers to turn around. It may also fall on people who are biking or walking within the vicinity of the truck.
Depending on the circumstances of the accident, there may be multiple parties to blame. If a driver was negligent while loading their cargo, for example it could be held liable under the legal principle of respondeat superior. The trucking company that employed the driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees in the spirit of vicarious responsibility.
An experienced attorney for truck accidents can utilize police reports and professional investigators to determine the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco & Saile LLC can assist victims in determining the right defendants to file a claim against for compensation for their loss. A successful case could result in a verdict or settlement that will provide victims with the money they require to recuperate.
4. Road conditions that are unsafe
The trucking companies, as well their drivers, share a responsibility to maintain their trucks in good working order. Failure to do so can lead to serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced in order for them to function properly. If this is not done, it can result in a dangerous and unsafe road.
The cause of truck crashes is caused by dangerous weather or road conditions. Due to their size truck's size, they are more likely to crash in bad weather and on wet roads. Additionally, truck drivers must adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they are allowed to drive in a day. These rules are designed to protect the public, but if truck drivers do not follow them to meet deadlines or make more money from their employers, it puts the public at risk.
minneapolis truck accident lawsuit may include slick roads that hinder tires from maintaining traction, potholes and uneven surface that causes skidding. Other problems include inadequate lane markings like solid or broken lane lines that confuse drivers about which lane they're on, and merging lane ramps that are too small for large vehicles to safely change lanes.
When a truck accident happens because of road conditions that are poor the trucking company or government agency responsible for maintaining that road could be liable for the incident. It is essential to prove that the party in question breached their obligation of care by creating unsafe conditions. This can be a result of negligent hiring or maintenance of the vehicle, and drug testing. California law permits victims to claim damages for medical expenses and lost wages, as well as suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents are dangerous for pedestrians on the streets or even in their yards. Pedestrians typically have no protection from the enormous size and the weight of a truck and could suffer severe and often fatal injuries in these kinds of crashes.
In these instances an attorney for personal injury can seek compensation from the negligent party. In some instances, this may be as easy as the truck driver if they ran a red light and struck the pedestrian, however in other instances, it could be the trucking company who allowed the trucker longer shifts than is permitted by law, or failed to take care of the vehicle, or even conducted an background check that would have found the history of unsafe driving behavior.
Distraction or inattention are two of 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 deadly because truck drivers tend to be higher in their cabs and have bigger blind spots that are difficult to discern.
A pedestrian injured in a car crash may be awarded compensation for medical expenses, lost earnings, discomfort and pain, and property damage. In some cases, the plaintiff is found to be partially responsible 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 can be reduced according to. This is why it is important to hire a knowledgeable and experienced personal injury lawyer to handle your case. Contact us today to begin.