One Of The Biggest Mistakes That People Do With Truck Accident Law
Truck Accident Law
A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will conduct an investigation and discover evidence such as the maintenance records of the trucking company which could support a negligence claim.
A NYC truck accident lawyer in NYC can identify the parties who are negligent in your case, and assist you in recovering from your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is responsible in a collision between an automobile and a car is to examine the driver's behavior. A truck accident attorney can utilize surveillance footage and witness testimony to determine which driver who is at fault.
clarksville truck accident lawsuit 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 if the driver seemed inattentive or distracted at the time of the crash.
In the case of truck accidents it is also possible that the driver was tired or injured during the time of the accident. The road logs of drivers will reveal if they were sleeping too much or didn't follow 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 negligent actions of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their rest and sleep hours and increasing their accident risk could also have contributed to.
If a road with a danger factor contributed to an accident, the government agency responsible for its maintenance can be held responsible. A truck accident lawyer who has experience can identify the responsible agency and hire a construction or maintenance contractor who has experience to determine the causes of any dangerous conditions or other unsafe conditions, if applicable. A seasoned attorney can identify multiple parties that may be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of malfunctioning equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand the rigors of use and should be maintained and repaired to avoid failure. If something goes wrong, it could make the truck driver unable control the vehicle and may result in fatal or serious collisions. The trucking company, manufacturer, parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
If an accident occurs as a result of a defective piece of equipment or component the person who was injured can claim damages for both economic and non-economic losses. Economic damages can include the current and future medical costs, lost income, and loss of earning capacity. Noneconomic damages may include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In certain instances, punitive damages may be given to penalize the defendant and prevent future recklessness.
Even with the best efforts of trucking companies and drivers, equipment malfunctions are bound to happen. It is crucial to determine the parties accountable in order to pursue compensation for the losses.
The highly experienced lawyers at Burch law firm will assist you in the event that you've been involved in a collision with a truck. Call us today to arrange an initial consultation for free. Our lawyers will review your case, identify liable parties and fight for the compensation you are entitled to. We can help you recover compensation for medical bills and lost wages at work and emotional and physical suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days seven days a week to answer your call.
3. Improperly loaded Cargo
Truck drivers and loaders must adhere to strict rules in stacking and securing cargo they transport on the roads. If they don't follow these guidelines, it can lead to serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading causes of truck accidents.
The majority of these truck crashes result from cargo falling from the vehicle onto roadways or other vehicles. This can be particularly risky because the cargo could create an obstruction or create a risk on the road, causing motorists to swerve or to crash into it. It could also fall on people who are biking or walking near the truck.
Depending on the circumstances of the accident, there may be multiple parties to blame. A driver who was negligent when loading his cargo may be held liable under the legal theory of respondeat superior. The trucking company that employed the driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees under the principle vicarious responsibility.
An experienced attorney for truck accidents can utilize police reports and professional investigators to identify the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco & Saile LLC can help victims identify the right defendants to pursue a claim against in order to obtain compensation for their losses. A successful case could result in a settlement or verdict that provides victims with the financial aid they need to cover the costs of.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their vehicles in good condition, and when they do not it could lead to serious accidents. The majority of trucks have mechanical components that must be inspected and replaced to allow them to function properly. If this is not done, it can result in a dangerous and unsafe road.
Accidents involving trucks can also be caused by dangerous weather and road conditions. Because of their size, trucks are more likely to be involved in crashes during bad conditions and on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of time they are permitted to drive each day. These regulations are designed to protect the public, but if truck drivers do not follow them to meet deadlines or get more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues are inadequate lane markings such as broken or solid lines of lane that confuse drivers about which lane they're in, and merging lane ramps that are too small for large vehicles to safely change lanes.
If a truck accident happens due to poor road conditions, the trucking firm or government agency responsible to maintain the road could be held accountable. It is necessary to prove that the party who caused the accident violated their duty of care by creating unsafe conditions. This could include negligent hiring or maintenance of the vehicle, or drug screenings. Under California law, victims are able to get compensation for medical bills as well as lost income, suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents pose a risk to pedestrians on the streets or even in their yards. Most pedestrians don't have protection from the massive size and weight of a truck and could suffer severe or even fatal injuries from such crashes.
In these situations, an attorney for personal injury can seek compensation from the party who was negligent. In some instances, this may be as easy as the truck driver if they ran at a red light and hit the pedestrian, but in others it could be the trucking firm that allowed the trucker to work longer shifts than is permitted by law, failed to conduct proper maintenance on the vehicle, or conducted a background check that would have revealed an occurrence of unsafe driving behavior.
Distraction or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. While this kind of incident is typical of any car accident, it may be more dangerous due to the fact that truck drivers are typically higher up in their cabs and have bigger blind spots that are hard to see.
When a pedestrian is injured in a car accident and is injured, they may be awarded compensation for medical bills or loss of earnings pain and suffering, and property damage. In some cases, the plaintiff is found partially responsible for the accident because of their own actions (such as not stepping over to the left side when the truck started to slow down) the compensation they receive could be reduced accordingly. It is crucial to find an injury lawyer that is experienced and knowledgeable to take care of your case. Contact us today to get started.