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Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will look into and find evidence, such as maintenance records of the trucking firm that could prove negligence.
A NYC truck accident lawyer in NYC can determine the responsible parties in your case, and help you recover from your injuries.
1. Driver injured or fatigued
The easiest way to determine who is at fault in a collision between a truck and a passenger vehicle is to scrutinize the driver's behavior. A truck accident lawyer can utilize surveillance footage and witness testimony to determine the driver who is at fault.
Many places are equipped surveillance cameras, including most intersections and interchanges as certain gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if the driver appeared distracted or inattentive at the time of the incident.
In the event of a truck accident, the driver may be injured or fatigued at the time. The road logs of the drivers will show if they had a sleepless night or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company can also be held responsible for the negligent actions of their employee. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep hours and thereby increasing their risk of being injured, may also have contributed.
Government agencies that are responsible for maintaining roads can also be held liable if a hazardous roadway contributed to the accident. A truck accident lawyer who is experienced can identify the agency responsible and then hire a construction or maintenance contractor who has experience to determine the causes of any dangerous conditions, if applicable. An experienced attorney can pinpoint several parties that could be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents happen because of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand the rigors of use and must be maintained and repaired to prevent failure. If something goes wrong, it could render the truck driver unable control the vehicle and can result in fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop can be held accountable for the defective truck parts and equipment.
If an accident occurs as a result of an equipment or component, the injured party can seek damages for both economic and noneconomic losses. Economic damages include current and future medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and discomfort and brain injuries that cause trauma and emotional distress. In certain cases, punitive damages can be awarded to punish the defendant and to prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers, certain equipment problems will arise. It is essential to identify the responsible parties in order to seek compensation for your loss.
If you have been involved in a truck accident The experienced lawyers at the Burch Law firm can help. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will examine the case, determine responsible parties and fight for the compensation you're entitled to. We can assist you in recovering the compensation you deserve for medical bills, lost work wages, and physical and emotional pain. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls 24 hours a day, seven days a week.
3. Unloading Cargo Incorrectly
Drivers and loaders of trucks must follow strict guidelines regarding stacking and securing the cargo they transport on the roads. If they don't follow these guidelines can cause serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the major reasons for truck accidents.
The majority of truck accidents are caused by cargo falling off the truck onto roads or other vehicles. This can be extremely dangerous, as the cargo could create a hazard or obstacle on the road and force other drivers to slow down. It could also fall on pedestrians or cyclists riding bikes in the vicinity of trucks.
In the event of the accident, there may be a variety of parties responsible. A driver who was negligent when loading his or her cargo could be held responsible under the legal theory of respondeat superior. However the trucking company which employs that driver might be held accountable, too, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney can help victims determine which defendants they should file a claim for compensation against. A successful claim can result in a settlement or verdict that provides victims with the money they require to recuperate.
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 they could cause serious accidents. Trucks often have mechanical parts which need to be inspected and replaced in order for they to function properly. If this isn't done, it can result in a dangerous, unsafe road.
Truck crashes can also be caused by dangerous weather and road conditions. Due to their dimensions, trucks are more likely to be involved in a crash when they travel in bad weather or on wet roads. In addition, truck drivers must adhere to 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 when truck drivers ignore them to meet deadlines or gain more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues could be caused by inadequate markings for lane lines, like broken or solid lines that confuse the driver regarding which lane they're in, and merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a truck crash occurs due to road conditions that are poor the trucking company or government agency that has the responsibility to maintain the road could be held liable. The person who caused the unsafe conditions has to be proven guilty of breaching its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as drug testing. Under California law, victims are able to recover damages for their medical bills and lost income, pain, and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along streets or within their own yards. Pedestrians typically have no protection from the enormous size and weight of a large truck, and could suffer severe, often fatal injuries from these kinds of crashes.
In these types of situations the personal injury attorney will seek compensation from any person who was negligent. In some instances it could be as easy as the truck driver if they ran an intersection and struck the pedestrian, however in others it could be the trucking company who allowed the trucker longer shifts than is permitted by law, or failed to conduct proper maintenance on the vehicle, or even conducted a background check that could have revealed a history of unsafe driving behavior.
green bay truck accident law firm or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is quite common in car accidents, but it can be deadly for truck drivers as they are higher up and have a larger blind zone which are difficult to perceive.
When a pedestrian is injured in a crash involving a truck and is injured, they may be awarded compensation for medical expenses or loss of earnings suffering and property damage. However, in some cases where the plaintiff is found to be partially responsible for the crash due to their own actions, like not stepping over the left shoulder when a truck started to swerve, they will have their compensation reduced accordingly. This is why it is crucial that you retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us today to begin.
Read More: https://vimeo.com/707149341
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