Truck Accident Law Isnt As Tough As You Think

Truck Accident Law
A lawyer who has expertise in the industry is well-versed in the laws that regulate truck drivers and trucking companies. They will search for and uncover evidence such as the maintenance records of the trucking firm that could support a negligence claim.
A NYC truck accident lawyer can assist you in determining who is the fault in your situation and assist you in recovering your injuries.
1. Injured or fatigued Driver
The most efficient method to determine who is at fault in a collision between a truck and a passenger vehicle is to scrutinize the behavior of the driver. A lawyer who handles truck accidents can look over surveillance footage and witness testimony to determine who was at fault.
A lot of places are equipped with surveillance cameras, including most intersections and interchanges as well some hotels, gas stations, restaurants, and other establishments. A skilled lawyer for truck accidents can use this evidence to identify potential defendants, particularly when the driver appeared unfocused or distracted at the time of the crash.
In cases of truck accidents, it could be that the driver was tired or injured during the time of the crash. The road logs of the drivers will reveal if they were sleeping too much 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 may also be held liable for the negligent actions of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep hours and increasing their accident risk, may also have contributed.
The government agencies that maintain roads can also be held accountable if a road that is unsafe caused the accident. A skilled truck accident lawyer will identify the relevant agency and employ a competent maintenance or construction contractor to examine the root of the dangerous condition, if applicable. An experienced attorney can identify multiple parties that may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including brakes, tires, coupling systems and cargo restraints. These equipments are designed to withstand rigorous use, and must be examined, maintained, and repaired to avoid failure. If something goes wrong it could render 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 may be the fault of several entities such as the trucking company, the manufacturer, and the parts dealer or repair shop.
When an accident occurs because of an equipment or component the person who was injured can seek compensation for both economic as well as non-economic losses. Economic damages include medical expenses now and in the future, loss of income and loss of earning potential. Noneconomic damages may include pain and discomfort or traumatic brain injuries and emotional distress. In certain cases, punitive damages may also be available to punish the defendant to stop similar mistakes from occurring in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment problems will arise. It is important to identify the responsible parties to seek compensation for the losses.
If you've been in a truck accident The experienced lawyers at the Burch Law firm can help. Contact us today for an appointment for a no-cost consultation. Our lawyers will review your case, determine liable parties, and fight to secure the compensation that you deserve. We can help you recover the amount you need to pay for medical bills 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 to take your calls 24/7 7 days a week.
3. Unloading Cargo Improperly
The cargo that trucks transport on the roads may seem easy enough, but there are strict rules that drivers and loaders must adhere to when stacking and securing their loads. Infractions to these guidelines can lead to serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most common causes of truck accidents.
The majority of these truck crashes are caused by cargo falling from the vehicle onto other vehicles or roads. This can be particularly dangerous because the cargo can cause a danger or an obstacle on the road and cause other drivers to swerve. It could also fall on people who are biking or walking in the vicinity of the truck.
Based on the circumstances of the incident, there could be multiple parties at fault. If a driver was negligent while loading their cargo, for example this person could be held responsible according to the legal theory of respondeat superior. The trucking company that employed that driver could also be held accountable for its actions, since it is responsible for its employees' actions in accordance with the principle of vicarious liability.
In cases in which an accident happened because of inadequately secured or loaded cargo, a seasoned truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants they should file a claim for compensation against. A successful claim may result in a settlement or a verdict which provides victims with the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
Companies that operate trucks, as well as their drivers, have an obligation to keep their trucks in a good working order. If they don't, it could lead to serious accidents. To ensure that plymouth truck wreck lawyer work correctly, mechanical components are often checked and replaced. When this doesn't happen, the result is an unsafe and dangerous road.
Truck crashes can also be caused by hazardous weather and road conditions. Because of their size, trucks are more likely to crash in bad weather and on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of time they are permitted to drive each day. These regulations are designed to protect the public. However, when truckers ignore these rules to meet deadlines, or to earn more cash from employers, they place the public at risk.
Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues include insufficient lane markings like solid or broken lines of lane that confuse drivers about which lane they're on, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
If a truck accident occurs due to poor road conditions the trucking company or government agency responsible to maintain that road could be held responsible. The party responsible for creating the dangerous conditions must be proven to have violated its duty of care. This could include negligent hiring or maintenance of the vehicle, as well as testing for drugs. California law permits victims to claim damages for medical expenses as well as lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians on the streets or even in their yards. Most pedestrians don't have protection from the huge size and weight of a large truck, and may suffer devastating, often fatal injuries from these kinds of crashes.
In these instances an attorney for personal injury may seek compensation from the responsible party. In some cases the party who was negligent could be the truck driver who ran a red signal and struck the pedestrian. In other instances, it could be a trucking business which allowed the trucker to work longer than the law allows, or failed to maintain the vehicle properly.
Accidents involving pedestrians and trucks are usually caused by the driver's lack of attention or distraction. This type of accident is very common in car accidents, but it can be fatal for truck drivers since they are higher and have more blind zones that are difficult to see.
If a pedestrian gets injured in a truck accident it is possible to be awarded damages for medical expenses, loss of earnings, pain and suffering, and property damage. In some instances, where the plaintiff is found to be partially at fault for the crash due to their own actions, for example, not moving over to the left shoulder when a truck started to swerve or avert, they may receive compensation that is reduced. This is why it's vital to choose a knowledgeable and experienced personal injury attorney to manage your case. Contact us today to get started.