Truck Accident Law
A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will conduct an investigation to find evidence, including maintenance records for trucking companies that could be used to support a claim of negligence.
new orleans truck wreck lawyer in NYC can assist you in determining who's responsible for your accident and assist you in recovering your injuries.
1. Injured or fatigued Driver
If a car that is a passenger is involved in a collision with a truck the most effective way to determine liability is to review the driver's actions and mannerisms. A lawyer who handles truck accidents will review surveillance footage and witness testimony to pinpoint the driver who was at fault.
Many places have surveillance cameras. This includes all intersections, hotels, interchanges gas stations, restaurants and hotels. 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 the event of a truck accident, it is also possible that a driver was tired or injured during the time of the accident. The road logs of the drivers can reveal whether they slept insufficiently or did not follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company could also be held accountable for negligent actions of their employees. A negligent hiring or training practice could have contributed to the accident, as can policies that encourage drivers to remain on the road for as long as possible, minimizing their rest and sleep hours 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 can identify the appropriate agency and then hire a seasoned maintenance or construction contractor to investigate the cause of the unsafe road 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 caused by defective equipment, including the brakes and tires, coupling systems, and cargo restraints. These equipments are designed to endure rigorous usage and must be examined and maintained to avoid failure. When something goes wrong truckers may not be able to control their vehicle, and this could lead to fatal or serious accidents. Damaged truck parts and equipment can be the fault of a variety of entities such as the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident took place because of a malfunctioning part or piece of equipment, the injured person may seek damages for economic and non-economic losses. Economic damages include current and future medical expenses loss of income, loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress, and traumatic brain injury. In certain cases, punitive damages may also be available to punish the defendant to stop similar negligence from occurring in the future.
Even with the best efforts of trucking companies and drivers, equipment problems will always occur. If this happens, it is important to determine the liable parties to claim compensation for your loss.
If you've been involved in a truck crash, the experienced attorneys at the Burch Law Firm can assist. Contact us today to set up a free consultation. Our lawyers will analyze your case, determine liable parties, and fight to secure the compensation you deserve. We can help you obtain compensation to pay medical bills loss of wages, emotional or physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are ready to take your calls anytime 7 days a week.
3. Unloading Cargo Incorrectly
The cargo that trucks carry on the road may seem easy enough, however there are strict regulations that drivers and loaders must adhere to when stacking and secure their loads. If they don't follow these guidelines, it could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the major 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 extremely dangerous since the cargo may create a risk or a problem on the road and cause motorists to swerve. It may also fall onto people walking or riding a bike in the vicinity of trucks.
In the event of the accident, there may be several parties at fault. A driver who was negligent in loading his or cargo could be held responsible under the legal theory of respondeat superior. The trucking company that employed the driver could also be held accountable in the sense that it is accountable for the actions of its employees in the spirit of vicarious responsibility.
An experienced lawyer for truck accidents will use police reports as well as professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can help victims determine the defendants they should file a claim for compensation against. A successful claim can result in a settlement or verdict that provides victims with the financial assistance they need to recover from their injuries.
4. Road conditions that are unsafe
Trucking companies and their drivers are required to keep their vehicles in good condition. If they do not it could lead to serious accidents. Trucks are often equipped with mechanical parts that must be inspected and replaced to allow them to work correctly. If this isn't done, it can cause a dangerous and unsafe road.
Truck crashes can also be caused by dangerous weather and road conditions. Due to their size, trucks are more likely to be involved in crashes during bad weather and on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are permitted to drive each day. These rules are meant to protect the public. However truckers who do not follow them to meet deadlines, or to earn more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include poor lane markings, such as solid or broken lines of lane that confuse drivers about what lane they're in and merging ramps for lane switching that are too small for large vehicles to safely change lanes.
If a truck crash occurs due to road conditions that are not safe the trucking company, or the government agency that is responsible for maintaining the road could be held accountable for the incident. The party responsible for creating the unsafe conditions has to 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 seek damages for medical bills, lost wages, suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents pose danger to pedestrians who walk along roads or even in their yards. People who walk on foot are usually not protected from the size and weight of a large truck, and may suffer devastating injuries, which are often fatal, from these types of crashes.
In these cases, an attorney for personal injury will seek to recover compensation from the person who caused the injury. In some cases it could be as simple as the truck driver if they ran a red light and struck the pedestrian, but in other instances it could be the trucking firm that allowed the trucker longer shifts than required by law, did not perform proper maintenance on the vehicle, or conducted an investigation into the background of the driver that would have found the existence of a history of dangerous driving habits.
Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. This kind of accident is common in car accidents, but it can be fatal for truck drivers as they are higher in the air and have more blind zones that are difficult to discern.
A pedestrian injured in a truck crash can receive damages for medical expenses, lost earnings, pain and discomfort, and property damage. However, there are cases where the plaintiff is found to be partially accountable for the accident because of their own actions, such as not stepping over to the left shoulder when a truck began to swerve, they could have their compensation reduced accordingly. This is why it is vital to choose an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us now to begin.