Five People You Need To Know In The Truck Accident Law Industry
Truck Accident Law
A skilled lawyer for truck accidents has a deep understanding of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will investigate to uncover evidence, such as maintenance records of a trucking company which could justify a claim of negligence.
A NYC truck accident lawyer will identify the parties who are negligent in your case, and help you recover from your injuries.
1. Fatigued or Injured Driver
If a car that is a passenger is involved in a collision with a truck the most straightforward way to determine liability is to review the conduct of the driver and his manner. A truck accident lawyer can look over video surveillance footage and witness testimony to determine the driver who was responsible for the accident.
There are many places with surveillance cameras. This includes most intersections, interchanges, hotels gas stations, restaurants, and hotels. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, particularly if a driver seemed distracted or unfocused at the time of the accident.
In truck accidents, the driver may be injured or fatigued at the time of the accident. A thorough investigation of the logs from the driver can reveal if they went too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and demand adequate rest breaks.
The trucking company could also be held accountable for the negligent actions of their employees. corpus christi truck accident law firm hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep times and thereby increasing their risk of being injured could have also contributed.
Government agencies that are responsible for maintaining roads may also be accountable if a dangerous road caused the accident. A truck accident lawyer who is knowledgeable can identify the responsible agency and then hire a contractor for construction or maintenance who has experience to determine the cause of any unsafe conditions in the event of a case. An experienced attorney can determine the various parties that could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand a lot of wear and tear and must be properly maintained and repaired to prevent failure. If something goes wrong the trucker might not be able to control their vehicle, and this can lead to tragic or fatal accidents. The trucking company, the manufacturer, parts dealer or repair shop can all be accountable for the malfunction of truck parts and equipment.
If an accident occurred because of a defective part or piece of equipment, the injured person could seek damages for both economic and noneconomic damages. Economic damages are a combination of future and present medical expenses loss of income, loss of earning capacity. Noneconomic damages could include pain and discomfort, traumatic brain injuries, and emotional distress. In certain circumstances punitive damages might be available to punish the defendant in order to prevent similar wrongful acts from happening again in the future.
Even with the best efforts of trucking companies and drivers equipment problems are a given. If this happens, it's crucial to identify the responsible parties in order to claim compensation for your losses.
The skilled lawyers at Burch law firm will assist those who have been involved in a collision with a truck. Call us today to arrange a free consultation. Our lawyers will analyze your case, find liable parties and fight to obtain the compensation you are entitled to. We can help you obtain compensation for medical bills as well as lost wages from work, and emotional and physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are ready to take your calls 24/7 and seven days a semaine.
3. Unloading Cargo Incorrectly
The cargo that trucks carry on the road may appear simple enough, but there are strict guidelines that loaders and drivers must adhere to when stacking and secure their loads. If they don't follow these guidelines can cause serious problems. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most common causes of truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto other vehicles or roadways. This is especially risky due to the fact that the cargo may create an obstacle or create a danger on the road, forcing motorists to swerve or hit it. It could also fall onto pedestrians or riders on a bike in the vicinity of trucks.
Based on the manner in which the incident occurred, multiple parties may be responsible. If a driver was negligent while loading his or her cargo, for instance the driver could be held liable under the legal theory of respondeat superior. However, the trucking company that employs that driver might be liable as well, because it is responsible for the actions of its employees based on the principle of vicarious liability.
An experienced truck accident attorney will use police reports as well as professional investigators to determine what caused of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to bring a lawsuit against for compensation for their loss. A successful claim can result in a settlement or verdict which will give victims the financial aid they need to recover.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in good condition, and when they fail to follow this, it can lead to serious accidents. To ensure that trucks operate correctly, mechanical components are regularly checked and replaced. If this is not done, it could result in a dangerous, unsafe road.
Accidents involving trucks can also be caused by weather conditions or road conditions. Due to their huge dimensions, trucks are more likely to be involved in a crash when they are driving in bad conditions or on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines on the amount of time they can drive per day. These regulations are designed to protect the public, but when truck drivers ignore them in order to meet deadlines, or to gain more money from their employers, they put the public at risk.
Unsafe road conditions include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues are inadequate lane markings, such as solid or broken lane lines that cause confusion for drivers about what lane they're in and merging lane ramps that are too small 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 accountable to maintain that road could be held responsible. The party responsible for creating the dangerous conditions needs to be proven guilty of violating its duty of care. This can include negligent hiring or maintenance of vehicles, as well as testing for drugs. In accordance with California law, victims are able to claim compensation for medical bills, lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along the streets or within their own yards. Pedestrians typically have no protection from the enormous size and weight of a large truck, and they can sustain catastrophic injuries, which are often fatal, from these kinds of crashes.
In these types of situations, a personal injury attorney will seek compensation from the party who was negligent. In certain cases the responsible party could be the truck driver who ran a red signal and struck the pedestrian. However, in other cases it could be a trucking company that allowed the trucker to work longer than the time allowed by law or did not maintain the vehicle in a timely manner.
Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. Although this type of incident is not uncommon in any car accident, it can be more deadly because truck drivers tend to be higher in their cabs and have bigger blind areas that are difficult to see.
If a pedestrian is injured in a truck accident and is injured, they may be awarded compensation for medical bills and loss of earnings, pain and suffering, as well as property damage. In some instances, where the plaintiff is found to be partially at fault for the crash because of their own actions, like not stepping over the left shoulder when a truck started to swerve, they will be awarded a lower amount of compensation. This is why it's crucial that you retain a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to get started.