Truck Accident Law
A truck accident lawyer with expertise in the industry has a deep understanding of the laws that govern truck drivers as well as trucking firms. They will look into and find evidence such as maintenance records of the trucking company that could support a negligence claim.
A NYC truck accident lawyer can identify the parties who are negligent in your case and assist you in recovering from your injuries.
- Fatigued or Injured Driver
The most efficient method to determine who is at fault in a collision between an automobile and a car is to study the driver's behavior. A lawyer for truck accidents can look over surveillance footage and witness statements to determine who was at fault.
Many places have surveillance cameras. This includes all intersections hotels, interchanges gas stations, restaurants, and hotels. A skilled truck accident lawyer can make use of this evidence to identify a potential defendant, particularly when the driver seemed unobservant or distracted at the time of the accident.
In truck accidents, the driver may be fatigued or injured at the time of the accident. A thorough analysis of the logs from the driver will reveal if they slept too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and require adequate rest breaks.
The trucking firm could be held responsible for the negligent actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their sleep and rest times and thereby increasing their risk of being injured may have contributed.
If a dangerous road caused an accident, the government agency responsible for its maintenance can be held accountable. A truck accident lawyer who is knowledgeable can determine the agency responsible and hire a contractor for construction or maintenance with experience to look into the root of any unsafe conditions, if applicable. An experienced lawyer can identify multiple parties that may be responsible and seek compensation from each source.
- Defective Equipment
Many truck accidents are caused by defective equipment, like brakes as well as the coupling system, tires, and cargo restraints. These components were developed to withstand a lot of wear and tear and should be maintained and repaired to avoid failure. If something goes wrong, it could leave the driver of a truck unable to control the vehicle and could cause fatal or serious collisions. The trucking company, the manufacturer, parts dealer or repair shop may all be responsible for defective truck parts and equipment.
When an accident occurs because of a defective piece of equipment or a component the person who was injured can seek compensation for both financial and noneconomic losses. Economic damages include medical expenses both now and in the future, lost income and the loss of earning potential. Noneconomic damages can include discomfort and pain, traumatic brain injuries, and emotional distress. In some cases punitive damages can be given to punish the defendant and prevent future mistakes.
Even with the best efforts by trucking companies and drivers equipment problems are a given. It is crucial to determine the parties responsible in order to seek compensation for your loss.
If you've been involved in a truck accident and need help from an experienced attorney at Burch Law Firm can assist. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will analyze the case, determine responsible parties, and fight for the compensation you're entitled to. We can assist you in recovering compensation for medical expenses or lost wages from work and physical and emotional pain. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24/7, seven days a week.
- Unloading Cargo Unsafely
The cargo trucks transport on the road may seem simple enough, but there are strict rules that loaders and drivers must follow in terms of stacking and securing their loads. Failure to follow these guidelines could lead to serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the major reasons for truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or the roadway. This can be particularly risky because the cargo might create an obstruction or create a risk on the road, causing drivers to turn around or to crash into it. It could also fall on pedestrians or cyclists riding a bike in the vicinity of the truck.
Depending on how the accident was triggered, several parties could be responsible. A driver who was negligent when loading his cargo may be held accountable according to the legal doctrine of respondeat superior. The trucking company employing that driver could also be held accountable, as it is responsible for its employees' actions under the principle of vicarious accountability.
In the event that accidents occur due to unsafely loaded or secured cargo, a skilled truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was responsible. A Cordisco & SAIL LLC attorney can assist victims in determining the defendants they should pursue a claim for compensation against. A successful claim could result in a verdict or settlement that will provide victims with the financial aid they need to recover.
- Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in a good working condition, and when they do not it could lead to serious accidents. There are many mechanical parts in trucks that require to be examined and replaced to allow they to function properly. If this is not done, it can cause a dangerous and unsafe road.
The weather and road conditions can also trigger truck accidents. Because of their size trucks are more likely to crash in stormy conditions and on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the number of hours they are permitted to drive each day. These rules are intended to safeguard the public. However truckers who do not follow them in order to meet deadlines or to get more money from employers, they place the public at risk.
irvine truck accident lawyer include slick pavement that stops tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues are inadequate lane markings such as broken or solid lane lines that confuse drivers about the lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
When a truck accident happens due to road conditions that are not safe, the trucking firm or government agency responsible for maintaining the road could be held accountable for the occurrence. It is imperative to prove that the party in question violated their duty of care by causing hazardous conditions, and this can include negligent hiring or maintenance of the vehicle, or drug screenings. In accordance with California law, the victims may recover damages for their medical bills as well as lost income, suffering, and loss of quality of life.
- Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their own yards. The majority of pedestrians are not protected from the huge size and weight of a large truck, and can suffer catastrophic or even fatal injuries from these kinds of accidents.
In these types of situations an attorney for personal injury will seek compensation from any party that was negligent. In certain cases the responsible party could be the driver of the truck who ran a red flag and hit the pedestrian. However, in other cases it could be a trucking firm that allowed the trucker to work longer than the law allowed or did not maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks tend to be caused by drivers' inattention or distraction. This type of accident is common in car accidents, but it can be fatal for truck drivers since they are higher up and have more blind zones which are difficult to spot.
If a pedestrian is injured in a truck accident and is injured, they may be awarded compensation for medical bills and loss of earnings, injuries and suffering, as well as property damage. In some instances, where the plaintiff is found to be partly accountable for the accident due to their own actions, like not moving over to the left shoulder when a truck began to swerve, they will be awarded less compensation. It is important to hire an injury lawyer who is knowledgeable and experienced to handle your case. Contact us now to get started.