The Reasons You're Not Successing At Truck Accident Law
Truck Accident Law
A reputable lawyer for truck accidents has a deep understanding of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will conduct an investigation to find evidence, including the maintenance records of trucking companies that could be used to provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault in your case and help you recover for your injuries.
1. Fatigued or Injured Driver
The easiest way to determine who is responsible in a collision between two vehicles, a truck and a car is to study the driver's behavior. A lawyer for truck accidents can examine surveillance footage and witness testimony to determine the driver who was at fault.
There are many places with surveillance cameras. This includes most intersections hotels, interchanges gas stations, restaurants and hotels. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if the driver seemed distracted or unfocused at the moment of the accident.
In truck accidents the driver might be fatigued or injured at the time of the incident. The road logs of the drivers can reveal whether they had a sleepless night 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 firm could be held liable for the negligence of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their rest and sleep times and putting them at risk for accidents, may also have contributed.
If a dangerous road caused an accident the government agency responsible for maintaining it can be held accountable. A seasoned truck accident lawyer can identify the relevant agency and enlist a skilled construction or maintenance contractor to examine the root of the unsafe condition and if it's applicable. An experienced attorney can identify multiple parties who may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, like brakes and tires, coupling systems and cargo restraints. These pieces of equipment are designed to withstand a lot of usage and must be inspected, maintained, and repaired to avoid failure. If something goes wrong, it could render the driver of a truck in a position to control the vehicle, and could result in fatal or serious collisions. The trucking company, manufacturer, parts dealer, or repair shop can all be held accountable for malfunctioning truck parts and equipment.
If an accident occurs because of a defective piece of equipment or a component that is damaged, the victim can seek damages for both economic and noneconomic losses. Economic damages are a combination of future and current medical expenses loss of income, loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain emotional distress. In some cases punitive damages might be available to punish the defendant in order to stop similar negligence from happening again in the future.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. When this happens, it is important to determine the liable parties to seek compensation for your loss.
If you've been injured in a truck crash The experienced lawyers at the Burch Law Firm can help. Contact us today for an appointment at no cost. Our lawyers will examine the case, find responsible parties, and fight for the compensation you're due. We can help you obtain compensation to pay medical bills or lost wages, as well as emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls anytime all week long.
3. Unproperly Loaded Cargo
Truck drivers and loaders must adhere to strict guidelines regarding stacking and secure the cargo they transport on the road. Infractions to these rules 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.
Most of these truck accidents are caused by cargo falling from the vehicle onto other vehicles or roadways. This is especially dangerous since the cargo may create a hazard or obstacle on the road and force motorists to swerve. It may also fall on people who are cycling or walking in the vicinity of the truck.
Depending on the way in which the accident took place, a variety of parties could be at fault. If a driver was negligent while loading his or her cargo, for example this person could be held accountable under the legal theory of respondeat superior. However the trucking firm that employs that driver might be equally liable, because it is liable for the actions of its employees under the principle of vicarious liability.
An experienced attorney for accidents involving trucks will use police reports as well as professional investigators to identify the cause of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney can help victims determine which defendants they should file a claim for compensation against. A successful claim may result in a settlement or verdict that will provide victims with the money they require to cover the costs of.
4. Unsafe Road Conditions
Trucking companies, as well the drivers they employ, bear a responsibility to maintain their trucks in a good working order. Failure to do so could lead to serious accidents. There are many mechanical parts in trucks that must 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 dangerous weather or road conditions. Because of their size trucks are more likely to crash in bad weather and on wet roads. In addition truck drivers must adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours 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 make more money from their employers, it puts the public at risk.
Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes, and uneven surface that causes skidding. Other problems can include inadequate lane markings, such as solid or broken lines that confuse drivers about which lane they are in, and merging ramps that are too short for large vehicles to safely switch lanes.
If a truck crash occurs because of poor road conditions the trucking company or the government agency that is responsible to maintain the road could be held liable. The party responsible for creating the unsafe conditions has to be proven guilty of breaching its duty of care. This can include negligent hiring, vehicle maintenance, and drug testing. California law allows victims to claim damages for medical expenses, lost wages, suffering and loss of quality life.
5. Pedestrian injuries
Truck accidents pose danger to pedestrians who are walking along the roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and could suffer catastrophic or fatal injuries.
In these situations an attorney who is able to handle personal injury may seek compensation from the negligent party. In some cases the negligent party could be the driver of the truck who ran a red signal and struck the pedestrian. However, in other cases, it could be a trucking business which allowed the trucker to work longer than the time allowed by law or did not maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks are often caused by drivers' inattention or distraction. While boulder truck accident law firm of incident is typical of any car crash, it can be more deadly due to the fact that truck drivers are typically higher up in their cabs and have bigger blind areas that are difficult to see.
When a pedestrian is injured in a truck accident and is injured, they may be awarded damages for medical expenses and loss of earnings, injuries and suffering, as well as property damage. In some instances, where the plaintiff is found to be partly at fault for the crash due to their own actions, like not stepping over the left shoulder when a truck began to swerve, they will receive compensation that is reduced. This is why it is important to hire a knowledgeable and experienced personal injury attorney to take care of your case. Contact us now to get started.