Truck Accident Law
A lawyer for truck accidents with expertise in the industry has a thorough understanding of the laws which govern truck drivers and trucking firms. pasadena truck accident law firm will search for and uncover evidence, such as maintenance records of the trucking firm that could provide evidence for a negligence claim.
A NYC truck accident lawyer can assist you in determining who's responsible for your accident and help you recover for your injuries.
1. Fatigued or Injured Driver
The easiest way to determine who is at fault in a collision between two vehicles, a truck and a car is to study the driver's behavior. A lawyer who handles truck accidents can look over video surveillance footage and witness testimony to determine the driver who was at fault.
Many locations are equipped with surveillance cameras, including most intersections and interchanges as some hotels, gas stations restaurants, and other establishments. This evidence can be used by a truck accident lawyer to determine a potential defendant, particularly if a driver appeared distracted or inattentive at the moment of the accident.
In the event of a truck accident the driver might have been fatigued or injured at the time of the accident. The road logs of the drivers could reveal if they slept insufficiently or if they did not adhere to the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company may also be held accountable for the negligence of their employees. A negligent hiring or training process could have contributed to this accident, and so could policies that encourage drivers to stay on the road for as long as they can, minimizing their sleep and rest time and thereby increasing the risk of an accident.
If a hazardous road caused an accident the government agency accountable for maintaining it may be held responsible. A knowledgeable truck accident lawyer can identify the responsible agency and then hire a seasoned construction or maintenance contractor to determine the cause of the unsafe road in the event that it is applicable. An experienced attorney can determine which parties could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These components were developed to withstand heavy usage and must be maintained and repaired to avoid failure. If something goes wrong, it could leave the driver of a truck unable to control the vehicle and may result in serious or fatal collisions. The trucking company, manufacturer or parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
When an accident occurs because of an equipment or a component, the injured party can claim damages for both economic and non-economic damages. Economic damages include medical expenses both now and in the future, loss of income and the loss of earning potential. Noneconomic damages may include discomfort and pain and brain injuries that cause trauma and emotional distress. In certain instances, punitive damages can be awarded to punish the defendant and prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. It is crucial to identify the responsible parties in order to pursue compensation for the losses.
The highly skilled attorneys at the Burch law firm are able to assist you if you've been in a truck accident. Contact us today to set up a free consultation. Our lawyers will review the case, find responsible parties and fight to get the compensation you deserve. We can help you get compensation for medical expenses or lost wages, as well as physical or emotional suffering. We handle cases in Missouri including Jefferson City and Columbia. We are accessible 24 hours a day, 7 days a weeks to answer your phone.
3. Unloading Cargo Incorrectly
The cargo that trucks transport on the roads may seem straightforward enough, but there are strict guidelines that drivers and loaders must adhere to when stacking and secure their loads. Failure to adhere to these guidelines can lead to serious problems. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
Most of these truck accidents are caused by cargo falling off the truck onto other vehicles or roads. This is especially dangerous since the cargo may create a risk or a problem on the road and cause other drivers to swerve. It could also fall onto people who are walking or riding bikes within the vicinity of a truck.
Based on the manner in which the incident occurred, a number of parties could be at fault. A driver who was negligent while loading his or her cargo could be held responsible in the context of the legal theory respondeat superior. However the trucking company which employs the driver could be also liable because it is responsible for the actions of its employees according to the principle of vicarious liability.
In cases in which accidents occur due to inadequately secured or loaded cargo, a seasoned truck accident lawyer can utilize 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 make a claim against to seek compensation for their losses. A successful claim may result in a settlement or verdict that provides victims with the financial support they require to recover from the injuries they sustained.
4. Road conditions that are unsafe
The drivers and trucking companies have a duty to keep their vehicles in good condition, and when they fail to follow this it could lead to serious accidents. The majority of trucks have mechanical components that require to be examined and replaced in order for them to work correctly. If this isn't the case it can result in an unsafe and dangerous road.
The road and weather conditions can also lead to truck crashes. Because of their size trucks are more prone to be involved in crashes during bad conditions and on roads that are wet. In addition, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they are allowed to drive in a day. These regulations are designed to protect the public, but if truck drivers ignore them to meet deadlines or to earn more money from their employers, they put the public in danger.
Unsafe road conditions could include slippery pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues can be due to inadequate markings for lane lines, like broken or solid lines that confuse drivers on which lane they're in, or merging ramps that aren't long enough for large vehicles to safely change lanes.
If a truck crash occurs due to road conditions that are poor, the trucking firm or government agency that has the responsibility to maintain that road could be held liable. The person responsible for causing the dangerous conditions needs to be proven guilty of violating its obligation of care. This could include negligent hiring or maintenance of the vehicle, as well as drug testing. Under California law, victims can claim compensation for medical bills or lost income, suffering, and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely hazardous for pedestrians walking along roads or in their yards. The majority of pedestrians are not protected from the huge size and weight of a truck, and may suffer devastating and often fatal injuries in these kinds of accidents.
In these types of cases an attorney for personal injury will seek compensation from the party who was negligent. In some instances the negligent party could be the truck driver who ran a red light and struck a pedestrian. However, in other cases, it could be a trucking company which allowed the trucker to work longer than the law allows or did not maintain the vehicle in a proper manner.
Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. Although this type of incident is typical of any car accident, it may be more dangerous due to the fact that truck drivers are usually higher up in their cabs. They also have bigger blind spots which are difficult to spot.
A pedestrian who is injured in a car crash may be awarded compensation for medical expenses as well as lost earnings, discomfort and pain, and property damage. However, in some cases where the plaintiff is found to be partially responsible for the crash because of their own actions, for example, not moving over to the left shoulder when a truck started to swerve, they could be awarded a lower amount of compensation. It is essential to choose an attorney for personal injuries who is knowledgeable and experienced to take care of your case. Contact us now to begin.