10 Things Everyone Hates About Truck Accident Law Truck Accident Law
Truck Accident Law
A competent lawyer for truck accidents is knowledgeable about the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will seek out evidence, including maintenance records of a trucking company that could be used to justify a claim of negligence.
A NYC truck accident lawyer can assist you in determining who's the fault in your situation and assist you in recovering your injuries.
1. Fatigued or Injured Driver
The most efficient method to determine who is responsible in a collision between the truck and a passenger car is to examine the behavior of the driver. A truck accident lawyer can review the footage of surveillance and witness testimony to determine who was responsible for the accident.
A lot of places are equipped with surveillance cameras, including the majority of intersections and interchanges as like some gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck wreck lawyer to identify a possible defendant, particularly if the driver was distracted or unobservant at the time of the accident.
In truck accidents the driver may be injured or fatigued at the time of the accident. The road logs of drivers could reveal if they were sleeping too much 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 could also be held responsible for the reckless actions of their employees. A negligent hiring or training method might have contributed to the accident, as could policies that encourage drivers to stay on the road for as long as they can, minimizing their rest and sleep hours and increasing their chance of being involved in an accident.
If a road that is dangerous resulted in an accident, the government agency responsible for its maintenance can be held responsible. A truck accident lawyer who is well-versed can identify the agency responsible and hire a construction or maintenance contractor with experience to investigate the root cause of any hazardous conditions in the event of a case. An experienced attorney can pinpoint multiple parties that may be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, such as brakes and tires, coupling systems, and cargo restraints. These equipments are designed to withstand rigorous use and should be inspected, maintained, and repaired to prevent failure. If something goes wrong, truckers may not be able to control their vehicle and this could lead to serious or fatal accidents. The problem with defective parts and equipment for trucks could be the responsibility of a number of entities, including the trucking company, the manufacturer, and the parts dealer or repair shop.
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 non-economic damages. Economic damages may include medical costs at present and in the future, loss of income and loss of earning potential. Noneconomic damages include suffering and pain trauma to the brain emotional distress, and traumatic brain injury. In certain circumstances, punitive damages can be given to penalize the defendant and prevent future mistakes.
Despite the best efforts by trucking companies and drivers equipment problems are inevitable. It is crucial to determine the responsible parties in order to seek compensation for your losses.
If you've been in a truck accident The experienced lawyers at Burch Law Firm can assist. Contact us today to schedule an initial consultation for free. Our lawyers will analyze the case, identify responsible parties and fight to get the compensation you deserve. We can help you recover compensation to cover medical bills, lost wages, and physical or emotional suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours per day and 7 days a week to answer your call.
3. Unloading Cargo in a way that isn't safe
The cargo trucks carry on the roads may seem easy enough, but there are strict guidelines that drivers and loaders must follow in terms of stacking and securing their loads. If they don't follow these guidelines could lead to serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be especially dangerous because the cargo could create an obstacle or create a danger on the road, forcing motorists to swerve or smash into it. It could also fall on pedestrians or cyclists riding bicycles in the vicinity of trucks.
Based on the circumstances of the incident, there could be multiple parties to blame. If a driver was negligent in loading their cargo, for instance the driver could be held liable under the legal principle of respondeat superior. The trucking company who employed the driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to determine what caused of an accident that was caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney will assist victims to determine which defendants to pursue a claim for compensation against. A successful claim could result in a settlement or a verdict which provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
The trucking companies, as well the drivers they employ, bear the responsibility of keeping their vehicles in good working order. Failure to do so can result in serious accidents. To ensure that trucks work correctly, mechanical components are frequently checked and replaced. If this isn't done, it can result in a dangerous and unsafe road.
Truck accidents can also be caused by weather conditions or road conditions. Due to their size, trucks are much more likely to be involved in a crash when they are driving in bad weather conditions or on roads with a lot of water. Additionally, truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive each day. These regulations are designed to protect the public, but if truck drivers ignore them to meet deadlines or to earn more money from their employers, they put the public in danger.
Unsafe road conditions may include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues could be caused by inadequate road markings, such solid or broken lines that confuse the driver about which lane they are in, or merging ramps that are not long enough for large vehicles to safely switch lanes.
If a truck accident happens due to road conditions that are poor the trucking company or government agency responsible to maintain the road may be held accountable. norfolk truck wreck lawyer for creating the dangerous conditions needs to be proven guilty of breaching its duty of care. This could include negligent hiring, vehicle maintenance, and 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 can be extremely hazardous for pedestrians who are walking along streets or in their own backyards. Pedestrians are often not protected from the weight and size of a truck and can suffer catastrophic or fatal injuries.
In these cases the personal injury attorney will seek compensation from any party who was negligent. In some cases it could be as simple as suing the truck driver if they ran an intersection and struck the pedestrian, but in other cases, it could be the trucking firm that allowed the trucker longer shifts than is permitted by law, did not perform proper maintenance on the vehicle, or conducted an investigation into the background of the driver that could have revealed a history of unsafe driving habits.
Accidents involving trucks and pedestrians are usually caused by the driver's lack of attention or distraction. This type of accident is quite common in car accidents, but it could be deadly for truck drivers because they are higher up and have more blind zones that are difficult to see.
If a pedestrian is injured in a collision with a truck the pedestrian may be awarded damages for medical bills as well as 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, such as not stepping over to the left shoulder when a truck started to swerve or avert, they may be awarded less compensation. This is why it is vital to choose a knowledgeable and experienced personal injury lawyer to manage your case. Contact us now to begin.