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Truck Accident Law
A truck accident lawyer with experience in the field has a thorough understanding of the laws that govern truck drivers and trucking companies. They will conduct an investigation to find evidence, like maintenance records for trucking companies which could justify a claim of negligence.
A NYC truck accident lawyer can determine the negligent parties in your case, and help you recover from your injuries.
1. Fatigued or Injured Driver
If a vehicle carrying passengers is involved in a collision with a truck the most straightforward way to determine who is at fault is to look at the driver's actions and demeanor. A lawyer who handles truck accidents can examine surveillance footage and witness statements to pinpoint the driver who was responsible for the accident.
Many places have surveillance cameras. This includes many intersections, interchanges, hotels gas stations and restaurants. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, especially if the driver seemed distracted or unfocused at the time of the accident.
In the event of a truck accident the driver may have been fatigued or injured at the time of the incident. The road logs of the drivers will show if they were sleeping too much 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 also be held responsible for the negligent actions of their employees. A improper hiring or training procedure could have contributed to this accident, as could the policies that encourage drivers to drive for as long as they can while limiting their rest and sleep time, and increasing their chance of being involved in an accident.
The government agencies that maintain roads can also be held accountable if a road that is unsafe caused the accident. A skilled truck accident lawyer can identify the responsible agency and enlist a skilled construction or maintenance contractor to examine the root of the unsafe road and if it's applicable. A skilled attorney can determine the various parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including brakes and tires, coupling systems and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and should be assessed, maintained, and repaired to avoid failure. When something goes wrong it could make the driver of a truck in a position to control the vehicle, and could result in serious or fatal collisions. buffalo truck accident attorney with defective parts and equipment for trucks could be the responsibility of several entities, including the trucking company, the manufacturer, and the repair or parts dealer shop.
If an accident happens because of an equipment or a part that is damaged, the victim can seek damages for both economic as well as non-economic losses. Economic damages can include medical expenses today and in the near future, lost income and loss of earning potential. Noneconomic damages include discomfort and pain or traumatic brain injuries and emotional distress. In certain cases punitive damages might be available to punish the defendant in order to stop similar negligence from occurring in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment issues are inevitable. When this happens, it's important to determine the liable parties so that you can seek compensation for your loss.
If you've been involved in a truck collision the skilled attorneys at Burch Law Firm can help. Contact us today for an appointment for a no-cost consultation. Our lawyers will analyze your case, identify liable parties and fight for the compensation you deserve. We can help you obtain compensation for medical bills or lost wages from work as well as physical and emotional suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a day and 7 days a week to answer your call.
3. Unloading Cargo Improperly
Drivers and loaders of trucks must follow strict guidelines regarding stacking and secure the cargo they transport on the road. Failure to adhere to these guidelines could cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most frequent causes of truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto roads or other vehicles. This can be especially dangerous due to the fact that the cargo may create an obstacle or create a danger on the road, causing drivers to turn around or smash into it. It may also fall onto pedestrians or cyclists riding a bike in the vicinity of trucks.
Based on the manner in which the incident was triggered, several parties could be at fault. A driver who was negligent when loading his cargo may be held accountable under the legal theory respondeat superior. However the trucking company that employs the driver could be liable as well, since it is accountable for the actions of its employees under the principle of vicarious liability.
An experienced attorney for truck accidents can use police reports and professional investigators to determine what caused of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to file a claim against for compensation for their losses. A successful case could result in a settlement or verdict that will provide victims with the financial assistance they require to recover.
4. Unsafe Road Conditions
Trucking companies, as their drivers, share the responsibility of keeping their trucks in good working condition. If they don't, it could lead to serious accidents. There are many mechanical parts in trucks that must be inspected and replaced in order for them to work correctly. If this doesn't happen it can result in an unsafe and hazardous road.
Truck accidents can also be caused by weather conditions or road conditions. Because of their size trucks are more likely to be involved in crashes during bad weather and on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the amount of hours they are permitted to drive each day. These rules are intended to safeguard the public. However truckers who do not follow them to meet deadlines or to get more money from employers, they are putting the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems include inadequate lane markings, such as broken or solid lane lines that make drivers confused about which lane they're on, and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck accident occurs due to road conditions that are not safe, the trucking company or government agency that is responsible for maintaining the road could be held accountable for the accident. It is essential to prove that the person in question violated their obligation of care by creating unsafe conditions. This could include negligent hiring or maintenance of the vehicle, and drug testing. California law permits victims to recover damages for medical expenses or lost wages, pain and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians who walk along roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a vehicle and can be terribly injured or killed.
In these instances, an attorney for personal injury can seek compensation from the responsible party. In some cases it could be as simple as the truck driver if they ran through a red light, and then struck the pedestrian, but in other cases, it could be the trucking company who allowed the trucker longer shifts than is permitted by law, or failed to maintain the vehicle, or even conducted an background check that would have found a history of unsafe driving behavior.
Accidents involving trucks and pedestrians are most often caused by the driver's lack of attention or apathy. While this type of accident is common with any car accident, it can be more fatal due to the fact that truck drivers are typically higher in their cabs and have larger blind spots which are difficult to spot.
If a pedestrian is injured in a collision with a truck it is possible to be awarded damages for medical expenses, loss of earnings, pain and suffering, as well as property damage. In some cases, if the plaintiff is found to be partially at fault for the accident because of their own actions (such as not turning over to the left side when the truck began to slow down) the amount they receive will be reduced accordingly. It is essential to choose an attorney for personal injuries who is knowledgeable and experienced to manage your case. Contact us now to begin.
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