10 Websites To Aid You Learn To Be An Expert In Truck Accident Law
Truck Accident Law
A lawyer who has expertise in the field has a thorough understanding of the laws that govern truck drivers as well as trucking firms. They will seek out evidence, like the maintenance records of trucking companies which may be evidence to be used to prove negligence.
A NYC truck accident lawyer will determine the negligent parties in your case and assist you in recovering from your injuries.
1. Injured or fatigued Driver
If a vehicle carrying passengers encounters a truck, the easiest way to determine liability is to review the conduct of the driver and his manner. A truck accident lawyer can make use of surveillance footage and witness testimony to determine which driver who is at fault.
Many places are equipped with surveillance cameras, such as most intersections and interchanges as as some gas stations, hotels, restaurants, and other businesses. This evidence can be used by a truck crash lawyer to identify a possible defendant, especially if the driver was distracted or not paying attention at the moment of the accident.
In truck accidents the driver could be fatigued or injured at the time of the accident. A thorough analysis of the driver's logs can reveal whether they slept too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can be on the road and require sufficient rest breaks.
The trucking company could also be held accountable for reckless actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep hours and increasing their risk of accident may have contributed.
The government agencies responsible for maintaining roads may also be accountable if a road that is unsafe contributed to the accident. A skilled truck accident lawyer will identify the relevant agency and hire an experienced maintenance or construction contractor to look into the cause of the unsafe condition and, if appropriate, to determine the cause. An experienced attorney can identify the multiple parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including the brakes and tires, coupling systems, and cargo restraints. These equipments are designed to endure rigorous usage and must be assessed and maintained to prevent failure. When something goes wrong, truckers may not be able to control their vehicle and this can lead to fatal or serious accidents. Damaged truck parts and equipment may be the responsibility of a variety of entities, including the trucking company as well as 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 party could pursue damages for economic and non-economic losses. Economic damages can include medical expenses now and in the future, loss of income and loss of earning potential. Noneconomic damages may include discomfort and pain as well as brain injuries that are traumatic, and emotional anxiety. In certain cases punitive damages might be available to punish the defendant to stop similar negligence from occurring again.
Despite the best efforts of trucking companies and their drivers, a few equipment problems will arise. It is crucial to identify the responsible parties to seek compensation for the losses.
The highly skilled attorneys at the Burch law firm can assist you in the event that you've been involved in a car accident. Contact us today for an appointment for a no-cost consultation. Our lawyers will review your case, identify liable parties and fight to obtain the compensation that you deserve. We can assist you in obtaining compensation for medical expenses or lost wages, as well as physical or emotional pain. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours per day, 7 days a weeks to take your call.
3. Improperly Loaded Cargo
The cargo that trucks carry on the roads may seem straightforward enough, but there are strict guidelines that drivers and loaders must follow in terms of stacking and secure their loads. Infractions to these guidelines could lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the most common causes of truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or onto the road. This can be extremely dangerous, as the cargo could create a hazard or obstacle on the road, and force motorists to swerve. It may also fall onto pedestrians or riders on bikes in the vicinity of a truck.
Based on the circumstances surrounding the incident, there could be multiple parties at fault. A driver who was negligent in loading his or cargo could be held accountable in the context of the legal theory respondeat superior. However the trucking company that employs that driver might be equally liable, because it is liable for the actions of its employees based on the principle of vicarious liability.
An experienced attorney for accidents involving trucks can use police reports and professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the proper defendants to file a claim against for compensation for their loss. A successful claim could result in a settlement or verdict that provides victims with the money they require to recover.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their trucks in a good working condition, and when they do not it could result in serious accidents. To ensure that bloomington truck wreck lawyer are operating correctly, mechanical components are regularly checked and replaced. When this doesn't happen the result is an unsafe and hazardous road.
The weather and road conditions can also trigger truck accidents. Because of their size, trucks are more likely to be involved in a crash if they drive in bad weather or on wet roads. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they are allowed to drive in a day. These rules are meant to protect the public. However truckers who do not follow these rules to meet deadlines or to make more money from employers, they are putting the public at risk.
Unsafe road conditions may include slick roads that hinder tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues include poor markings for lane lines, such as solid or broken lane lines that confuse drivers about the 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 poor road conditions, the trucking firm or government agency responsible to maintain that road may be held accountable. The party who created the dangerous conditions must be proven to have violated its duty of care. This could include negligent hiring or maintenance of vehicles, as well as testing for drugs. In accordance with California law, victims can get compensation for medical expenses and lost income, pain and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck and can be terribly injured or killed.
In these types of situations, a personal injury attorney will seek compensation from the party who was negligent. In some cases the negligent party could be the driver of the truck who crossed a red light and hit the pedestrian. But in other cases, it could be a trucking business that allowed the trucker to work longer than the law allows, or failed to maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks tend to be caused by the driver's inattentiveness or distraction. This type of accident is quite common in car accidents, but it could be deadly for truck drivers since they are higher in the air 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. However, there are instances where the plaintiff is found to be partially at fault for the crash due to their own actions, like failing to move over to the left shoulder when a truck started to swerve, they can have their compensation reduced accordingly. It is essential to choose an attorney for personal injuries who is knowledgeable and experienced to take care of your case. Contact us today to get started.