The Most Valuable Advice You Can Ever Receive On Truck Accident Law
Truck Accident Law
A reputable lawyer for truck accidents is knowledgeable about the trucking industry, including specific laws that govern truck drivers and trucking companies. They will search for and uncover evidence, such as maintenance records of the trucking company which could be evidence of negligence.
A NYC truck accident lawyer can assist you in determining who is responsible for your accident and help you recover for your injuries.
1. Fatigued or Injured Driver
When a passenger vehicle collides with a truck the most effective way to determine who is at fault is to scrutinize the driver's actions and mannerisms. A truck accident lawyer can review video surveillance footage and witness testimony to determine which driver was responsible for the accident.
Many locations have surveillance cameras. This includes all intersections hotels, interchanges gas stations, restaurants and hotels. A skilled truck accident lawyer could use this evidence to identify potential defendants, especially when the driver seemed unobservant or distracted at the time of the accident.
In portsmouth truck accident law firm of a truck accident the driver may be fatigued or injured at the time. The road logs of drivers will show if they slept too little or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could be held accountable for negligent actions of their employees. A improper hiring or training procedure may have contributed to the accident, as can policies that encourage drivers to stay on the road for as long as possible, which can result in a reduction in rest and sleep time and thereby increasing the risk of an accident.
The government agencies responsible for maintaining roads can also be held liable if a hazardous roadway caused the accident. A truck accident lawyer who is knowledgeable can determine the agency responsible and hire a contractor for construction or maintenance who has experience to determine the root of any unsafe conditions or other unsafe conditions, if applicable. An experienced attorney can identify several parties that could be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents happen because of defective equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and should be examined and maintained to prevent failure. When something goes wrong it can leave the driver of a truck unable to control the vehicle and can cause fatal or serious collisions. The trucking company, the manufacturer, parts dealer or repair shop could all be responsible for defective truck parts and equipment.
If an accident occurs as a result of a defective piece of equipment or part, the injured party can seek damages for both economic and noneconomic losses. Economic damages may include medical costs today and in the near future, lost income and the loss of earning potential. Noneconomic damages include discomfort and pain or traumatic brain injuries and emotional distress. In certain circumstances, punitive damages may be given to penalize the defendant and prevent future negligent behavior.
Despite the best efforts of trucking companies and drivers equipment problems are bound to happen. If this happens, it's important to determine the liable parties in order to pursue compensation for your losses.
The experienced attorneys at Burch law firm are able to assist you if you've been involved in a truck crash. Call us today to arrange an initial consultation for free. Our lawyers will examine the case, find responsible parties and fight for the compensation you deserve. We can help you obtain compensation for medical expenses or lost wages from work and physical and emotional pain. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls anytime all week long.
3. Improperly loaded Cargo
The cargo that trucks carry on the road may seem easy enough, however 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 issues. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the most common causes of truck accidents.
Many of these truck accidents result in cargo falling off the vehicle and onto other vehicles or the road. This is especially dangerous, as the cargo could create a hazard or obstacle on the road and cause motorists to swerve. It may also fall onto pedestrians or riders on bikes in the vicinity of a truck.
Based on the manner in which the incident occurred, multiple parties may be responsible. A driver who was negligent when loading his cargo may be held liable according to the legal doctrine of respondeat superior. The trucking company who employed the driver could also be held accountable in the sense that it is accountable for the actions of its employees under the principle vicarious responsibility.
In cases where an accident occurred due to improperly loaded or secured cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was responsible. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to file a claim against for compensation for their loss. A successful claim could result in a verdict or settlement which will give victims the financial assistance they require to recuperate.
4. Unsafe Road Conditions
Trucking companies and their drivers are obliged to keep their vehicles in good condition. If they do not it could result in serious accidents. To ensure that trucks work properly, mechanical parts are often checked and replaced. If this isn't the case it results in a dangerous and unsafe roadway.
Truck accidents can also be caused by dangerous weather or road conditions. Because of their size trucks are more prone to crash in bad weather and on wet roads. In addition, truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can travel each day. These rules are intended to protect the public. However truckers who ignore these rules in order to meet deadlines, or to earn more money from employers, they put the public at risk.
Unsafe road conditions may include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues include poor markings for lane lines, such as solid or broken lane lines that cause confusion for drivers about which lane they're on, and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a car accident occurs due to poor road conditions the trucking company, or the government agency responsible for maintaining that road could be held responsible for the incident. It is necessary to prove that the party who caused the accident violated their duty of care by causing hazardous conditions, and this may include negligent hiring and maintenance of the vehicle, or drug screenings. Under California law, victims can get compensation for medical expenses as well as lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians walking along roads or even in their yards. Most pedestrians don't have protection from the huge size and weight of a truck, and they can sustain catastrophic or even fatal injuries from these kinds of crashes.
In these situations an attorney who is able to handle personal injury can seek compensation from the negligent party. In some instances the responsible party could be the driver of the truck who crossed a red light and struck the pedestrian. In other instances it could be a trucking business that allowed the trucker to work longer than the law allowed or did not maintain the vehicle properly.
Accidents involving pedestrians and trucks tend to be result from the driver's inattention or apathy. This kind of accident happens frequently in car accidents, but it can be fatal for truck drivers because they are higher in the air and have larger blind zones that are difficult to discern.
A pedestrian injured in a car crash may be awarded compensation for medical expenses and lost earnings, as well as pain and discomfort, and property damage. In some cases, the plaintiff is found to be partially responsible for the accident due to their own actions (such as not stepping over to the left side when the truck began to slow down) their compensation could be reduced accordingly. It is important to select an attorney for personal injuries that is experienced and knowledgeable to manage your case. Contact us now to get started.