Beware Of These "Trends" About Truck Accident Law
Truck Accident Law
A lawyer who has expertise in the field is well-versed in the laws that govern truck drivers as well as trucking companies. They will seek out evidence, such as the maintenance records of trucking companies, that may provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can help you determine who is at fault for your incident and help you recover your injuries.
1. Driver injured or fatigued
If a car that is a passenger is involved in a collision with a truck the most efficient way to determine liability is to scrutinize the driver's actions and mannerisms. A truck accident lawyer can utilize surveillance footage as well as witness testimony to determine which driver at fault.
There are many places with surveillance cameras. This includes most intersections, hotels, interchanges gas stations and restaurants. A skilled truck accident lawyer can use this evidence to identify a potential defendant, particularly when the driver was unobservant or distracted at the time of the accident.
In cases of truck accidents, it is possible that the driver was fatigued or even injured at the time of the accident. The road logs of drivers can reveal whether they had a sleepless night or did not observe the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking firm could be held accountable for carelessness of their employees. A negligent hiring or training process could have contributed to the accident, as could policies that encourage drivers to remain on the road for as long as they can by limiting their rest and sleep time, and increasing their risk of being involved in an accident.
If a dangerous road caused an accident, the government agency accountable for maintaining it may be held responsible. A truck accident lawyer who has experience can identify the agency responsible and then an expert in construction or maintenance with experience to investigate the causes of any dangerous conditions, if applicable. A knowledgeable attorney can also determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, such as brakes, tires, coupling systems, and cargo restraints. These items were designed to withstand a lot of wear and tear and must be maintained and repaired to avoid failure. When something goes wrong a trucker may be unable to control their vehicle and this could result in fatal or serious accidents. The trucking company, manufacturer, parts dealer, or repair shop can all be responsible for defective truck parts and equipment.
If an accident occurs as a result of an equipment or a part the injured party may claim damages for both economic as well as non-economic losses. Economic damages include medical expenses now and in the future, lost income and the loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury, and emotional distress. In certain cases, punitive damages may be given to penalize the defendant and prevent future recklessness.
Despite the best efforts by trucking companies and drivers equipment problems are bound to happen. When this happens, it's important to determine the liable parties to claim compensation for your loss.
The experienced attorneys at Burch law firm will assist those who have been involved in a truck crash. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will evaluate your case, find liable parties and fight for the compensation you're entitled to. We can assist you in obtaining compensation for medical bills and lost wages at work as well as physical and mental suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day, 7 days a weeks to answer your calls.
3. Improperly loaded akron truck accident lawyer and drivers of trucks must adhere to strict rules regarding stacking and securing cargo they transport on the roads. Infractions to these rules can lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.
The majority of these truck accidents result from cargo falling from the vehicle onto roadways or other vehicles. This can be particularly risky since the cargo could cause an obstacle or create a danger on the road, causing drivers to turn around or crash into it. It could also fall on people who are walking or riding bikes in the vicinity of the truck.
Depending on the way in which the accident took place, a variety of parties could be at fault. A driver who was negligent in loading his or cargo could be held responsible under the legal theory respondeat superior. The trucking company that employed that driver may also be liable, as it is responsible for the actions of its employees under the principle of vicarious accountability.
An experienced attorney for truck accidents can utilize police reports and professional investigators to identify the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to make a claim against to seek compensation for their losses. A successful claim can result in a settlement or verdict which provides victims with the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
The trucking companies, as well as their drivers, have a responsibility to maintain their vehicles in good working order. Failure to do this could result in serious accidents. Trucks often have mechanical parts that require to be examined and replaced to allow them to function properly. If this is not done, it can lead to a dangerous and unsafe road.
The road and weather conditions can also cause truck crashes. Due to their massive dimensions, trucks are more likely to be involved in a crash if they drive in adverse conditions or on roads that are wet. In addition truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These rules are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or to gain more money from their employers, they put the public in danger.
Unsafe road conditions can include slick pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues are inadequate lane markings such as solid or broken lane lines that make drivers confused about which lane they're on, and merging lane ramps that are too small for large vehicles to safely change lanes.
If a truck accident happens because of poor road conditions the trucking company or government agency that has the responsibility to maintain that road could be held accountable. The person who caused the unsafe conditions has to be proven guilty of breaching its obligation of care. This can include negligent hiring or maintenance of vehicles, as well as testing for drugs. In accordance with California law, the victims may seek compensation for medical expenses or lost income, suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. Pedestrians typically have no protection from the massive size and weight of a truck, and could suffer severe and often fatal injuries in such crashes.
In these instances an attorney who is able to handle personal injury will seek to recover compensation from the party who was negligent. In some instances it could be as simple as suing the truck driver who ran at a red light and hit the pedestrian, but in other instances it could be the trucking company who permitted the trucker to work longer hours than permitted by law, failed to maintain the vehicle, or even conducted an examination of their background that would have found an occurrence of unsafe driving habits.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. While this type of incident is not uncommon in any car accident, it could be more deadly due to the fact that truck drivers are generally higher up in their cabs and have larger blind areas which are difficult to spot.
If a pedestrian gets injured in a truck accident the pedestrian may be awarded damages for medical bills or loss of earnings injuries and suffering, as well as property damage. In some instances, where the plaintiff is found to be partially accountable for the accident because of their own actions, like failing to move over to the left shoulder when a truck began to swerve, they could receive compensation that is reduced. It is crucial to find a personal injury lawyer that is experienced and knowledgeable to manage your case. Contact us now to begin.