Truck Accident Law
A truck accident lawyer with experience in the field is well-versed in the laws that govern truck drivers and trucking companies. They will conduct an investigation and discover evidence such as maintenance records of the trucking company that could prove negligence.
A NYC truck accident lawyer can assist you in determining who's the fault in your situation and help you recover for your injuries.
1. Injured or fatigued Driver
When a passenger vehicle collides with a truck the most effective way to determine liability is to scrutinize the driver's actions and demeanor. A truck accident lawyer can utilize surveillance footage as well as witness testimony to determine the driver who is at fault.
A lot of places are equipped with surveillance cameras, including the majority of intersections and interchanges as well certain gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if the driver appeared distracted or inattentive at the time of the incident.
In the event of a truck accident it is also possible that the driver was tired or injured during the time of the accident. The road logs of drivers can reveal whether they slept too little or did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could also be held accountable for negligence of their employees. A negligent hiring or training practice could have contributed to this accident, as could policies that encourage drivers to remain on the road for as long as possible while limiting their rest and sleep time and thereby increasing the risk of being involved in an accident.
The government agencies responsible for maintaining roads can also be held responsible if a hazardous road caused the accident. A knowledgeable truck accident lawyer can identify the relevant agency and employ a competent maintenance or construction contractor to examine the root of the dangerous condition and, if appropriate, to determine the cause. An experienced attorney can determine the various parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are the result 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 properly maintained and repaired to prevent failure. When something goes wrong, it could leave the driver of a truck in a position to control the vehicle and could result in serious or fatal collisions. Damaged truck parts and equipment could be the responsibility of a variety of entities such as the trucking company, the manufacturer, and the repair or parts dealer shop.
If an accident happened because of a defect in a component or piece of equipment, the victim could pursue damages for economic and noneconomic damages. Economic damages include future and present medical expenses loss of income, loss of earning capacity. Noneconomic damages could include discomfort and pain and brain injuries that cause trauma and emotional distress. In certain cases, punitive damages may also be available to punish the defendant in order to prevent similar negligence from occurring in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. When bellevue truck accident lawsuit happens, it is important to determine the liable parties in order to seek compensation for your loss.
If you've been involved in a collision with a truck the skilled attorneys at Burch Law Firm can assist. Contact us today to set up a free consultation. Our lawyers will review the case, determine responsible parties and fight for the compensation you're entitled to. We can assist you in recovering compensation for medical bills and lost wages at work as well as physical and emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24 hours a day 7 days a week.
3. Unloading Cargo Incorrectly
Truck drivers and loaders must adhere to strict rules when it comes to stacking and secure the cargo they transport on the road. If they don't follow these guidelines can lead to serious problems. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the main reasons for truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This is especially risky because the cargo might create an obstacle or hazard on the road, causing other drivers to swerve or smash into it. It could also fall onto pedestrians or cyclists riding bikes in the vicinity of the truck.
Based on the manner in which the incident took place, a variety of parties could be at fault. If an individual driver was negligent in loading their cargo, for instance it could be held accountable under the legal doctrine of respondeat superior. The trucking company who employed the driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees under the principle of vicarious accountability.
An experienced lawyer for truck accidents can make use of police reports and professional investigators to identify the cause of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim can result in a verdict or settlement which will give victims the financial aid they need to recover.
4. Unsafe Road Conditions
The drivers and trucking companies have a responsibility to maintain their trucks in good condition. If they fail to do so, it can lead to serious accidents. Trucks often have mechanical parts that must be inspected and replaced to allow they to function properly. When this doesn't happen the result is a dangerous and unsafe roadway.
Truck crashes can also be caused by weather conditions or road conditions. Due to their massive size, trucks are much more likely to be involved in crashes when they drive in adverse conditions or on roads that are wet. In addition truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive each day. These rules are intended to protect the public. However truckers who ignore them to meet deadlines, or to earn more cash from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings like broken or solid lane lines that confuse drivers about the lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
If a truck crash occurs because of poor roadway conditions the trucking firm or government agency that is responsible for maintaining the road could be liable for the incident. The person responsible for causing the dangerous conditions needs to be proven guilty of breaching its duty of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. Under California law, victims are able to recover damages for their medical expenses or lost income, suffering and loss of quality of life.
5. Injuries to pedestrians
Truck accidents pose a risk to pedestrians walking along roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck, and may suffer fatal or catastrophic injuries.
In these instances, an attorney for personal injury may seek compensation from the negligent party. In some cases it could be as simple as the truck driver who ran at a red light and hit the pedestrian, however in other instances, it could be the trucking firm that allowed the trucker longer hours than permitted by law, or failed to take care of the vehicle, or even conducted an background check that would have revealed the history of unsafe driving behavior.
Accidents involving pedestrians and trucks are often caused by the driver's lack of attention or apathy. While this type of incident is not uncommon in any car accident, it may be more deadly due to the fact that truck drivers tend to be higher up in their cabs. They also have more blind areas that are difficult to see.
If a pedestrian gets injured in a collision with a truck, they can be awarded compensation for medical expenses or loss of earnings suffering and property damage. However, there are instances where the plaintiff is found to be partially responsible for the crash because of their own actions, such as not stepping over to the left shoulder when a truck began to swerve or avert, they may have their compensation reduced accordingly. It is essential to choose a personal injury lawyer who is skilled and experienced to take care of your case. Contact us now to begin.