Truck Accident Law
A lawyer for truck accidents who has experience in the field has a deep understanding of the laws that govern truck drivers and trucking firms. They will look into evidence, like maintenance records of a trucking company which may be evidence to be used to prove negligence.
A NYC truck accident attorney can identify the parties who are negligent 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 the truck and a passenger vehicle is to scrutinize the behavior of the driver. A truck accident attorney can make use of surveillance footage and testimony from witnesses to determine the driver at fault.
Many places have surveillance cameras. This includes all intersections hotels, interchanges gas stations, restaurants and hotels. This evidence can be used by a truck crash lawyer to identify a potential defendant, especially if the driver appeared distracted or inattentive at the time of the incident.
In baltimore truck accident law firm of truck accidents, it is also possible that a driver was fatigued or even injured during the time of the accident. The road logs of the drivers could reveal if they slept too little or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company may also be held accountable for reckless actions of their employees. A negligent hiring or training practice may have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as is possible while limiting their rest and sleep time, and increasing their risk of being involved in an accident.
Government agencies responsible for maintaining roads may also be liable if a hazardous roadway caused the accident. A skilled truck accident lawyer will identify the relevant agency and hire an experienced maintenance or construction contractor to look into the cause of the dangerous condition and, if appropriate, to determine the cause. An experienced attorney can pinpoint multiple parties that may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including the brakes and tires, coupling systems and cargo restraints. These pieces of equipment are designed to withstand rigorous use, and must be assessed and maintained to avoid failure. If something goes wrong it could render the driver of a truck unable to control the vehicle and may result in fatal or serious collisions. Defective parts and equipment for trucks could be the responsibility of several different entities which include the trucking company and the manufacturer as well as the parts dealer or repair shop.
If an accident occurred as a result of a defective component or piece of equipment, the injured person could pursue damages for economic and noneconomic damages. Economic damages may include medical costs today and in the near future, loss of income and loss of earning potential. Noneconomic damages include suffering and pain as well as traumatic brain injuries and emotional distress. In certain circumstances, punitive damages may be given to punish the defendant and prevent future recklessness.
Despite the best efforts of trucking companies and their drivers, a few equipment problems are inevitable. When this happens, it is crucial to identify the responsible parties to seek compensation for your loss.
If you've been in a truck crash, the experienced attorneys at the Burch Law Firm can help. Contact us today to set up an appointment at no cost. Our lawyers will evaluate your case, determine liable parties and fight to obtain the compensation you are entitled to. We can help you recover the amount you need to pay for medical bills loss of wages, emotional or physical suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls anytime, seven days a week.
3. Improperly loaded Cargo
Drivers and loaders of trucks must adhere to strict rules when it comes to stacking and securing the cargo they transport on the road. Infractions to these rules could result in serious issues. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is among the leading causes of truck accidents.
The majority of truck accidents are caused by cargo falling off the truck onto other vehicles or roadways. This is particularly risky because the cargo can create a hazard or obstacle on the road, and force other drivers to swerve. It may also fall on people who are walking or riding a bicycle within the vicinity of the truck.
Based on the manner in which the incident occurred, multiple parties may be responsible. A driver who was negligent in loading his or her cargo could be held liable under the legal theory respondeat superior. The trucking company that employed the driver could also be held accountable for the negligence of its employees, since it is responsible for its employees' actions under the principle of vicarious accountability.
An experienced lawyer for truck accidents can utilize police reports and professional investigators to determine the root of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC can assist victims in determining the right defendants to bring a lawsuit against for compensation for their loss. A successful claim may result in a settlement or verdict which gives victims the financial assistance they require to recover from the injuries they sustained.
4. Road conditions that are unsafe
Trucking companies, as well as their drivers, have an obligation to keep their trucks in a good working order. Failure to do so could lead to serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced in order for them to function correctly. If this isn't done, the result is dangerous and unsafe roads.
Truck crashes can also be caused by hazardous weather and road conditions. Due to their massive dimensions, trucks are more likely to be involved in a crash when they drive in adverse weather conditions or on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are allowed to drive in a day. These regulations are designed to safeguard the public. However truckers who do not follow them to meet deadlines, or to make more money from employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient road markings, such broken or solid lines that confuse drivers about the lane they're in, or merging ramps that are too short 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. The person responsible for causing the hazardous conditions must be proven guilty of breaching its duty of care. This could include negligent hiring or maintenance of vehicles, as well as drug testing. California law allows victims to recover damages for medical expenses, lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians who walk along roads or even in their yards. Most pedestrians don't have protection from the massive size and weight of a truck and they can sustain catastrophic or even fatal injuries from these kinds of crashes.
In these kinds of cases an attorney for personal injury will seek compensation from the party who was negligent. In some instances, this may be as straightforward as the truck driver if they ran a red light and struck the pedestrian, however in others it could be the trucking company who permitted the trucker to work longer shifts than required by law, did not conduct proper maintenance on the vehicle, or even conducted an background check that could have revealed the existence of a history of dangerous driving habits.
Accidents involving trucks and pedestrians are usually result from the driver's inattention or distraction. This kind of accident happens frequently in car accidents, but it can be deadly for truck drivers due to the fact that they are higher in the air and have larger blind zones that are difficult to see.
When a pedestrian is injured in a collision with a truck, they can be awarded compensation for medical expenses, loss of earnings, suffering and property damage. However, there are cases where the plaintiff is found to be partially accountable for the accident because of their own actions, for example, failing to move over to the left shoulder when a truck started to swerve, they could be awarded less compensation. This is why it is essential to retain a knowledgeable and experienced personal injury attorney to take care of your case. Contact us now to get started.