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Truck Accident Law
A lawyer for truck accidents who has expertise in the industry has a deep understanding of the laws that govern truck drivers and trucking firms. They will investigate to uncover evidence, like maintenance records for trucking companies which could justify a claim of negligence.
A NYC truck accident attorney can determine the responsible parties in your case, and help you recover from your injuries.
1. Fatigued or Injured Driver
The simplest method to determine who is responsible in a collision between two vehicles, a truck and a car is to look at the behavior of the driver. A truck accident lawyer can examine video surveillance footage and witness testimony to determine the driver who was at fault.
A lot of places are equipped with surveillance cameras, including most intersections and interchanges as well in some hotels, gas stations, restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, particularly when the driver appeared unfocused or distracted at the time of the accident.
In the case of truck accidents it is also possible that the driver was fatigued or even injured at the time of the accident. The road logs of the drivers could reveal if they slept insufficiently or didn't follow 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 liable for the negligent actions of their employee. A negligent hiring or training process could have contributed to this accident, and so could policies that encourage drivers to remain on the road for as long as possible, minimizing their rest and sleep time, and thereby increasing the chances of causing an accident.
Government agencies responsible for maintaining roads can also be held responsible if a hazardous road contributed to the accident. A truck accident lawyer who is well-versed will identify the person responsible and then hire a contractor for construction or maintenance who is experienced to investigate the root of any unsafe conditions and, if necessary, to determine the cause. An experienced attorney can identify multiple parties that may be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are the result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These equipments are designed to withstand rigorous usage and must be checked and maintained to prevent failure. When something goes wrong, the trucker might not be able to control their vehicle, and this could lead to serious or fatal accidents. The trucking company, the manufacturer or parts dealer, or repair shop can all be held accountable for malfunctioning truck parts and equipment.
If an accident took place because of a defect in a component or piece of equipment, the injured person could seek damages for both economic and noneconomic losses. Economic damages can include medical expenses today and in the near future, lost income and loss of earning potential. Noneconomic damages include pain and suffering and brain injuries that are traumatic emotional distress. In certain cases, punitive damages can be awarded to punish the defendant and stop future negligence.
Even with the best efforts by trucking companies and drivers equipment malfunctions will always occur. If this happens, it is crucial to identify the responsible parties to claim compensation for your loss.
The experienced attorneys at Burch law firm are able to assist you if you have been involved in a car accident. Contact us today to set up an appointment at no cost. Our lawyers will go over the case, identify the responsible parties and fight for the compensation you're entitled to. We can assist you in obtaining compensation for medical bills, lost work wages, as well as physical and mental suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours per day all week long to answer your phone.
3. Unproperly Loaded Cargo
Truck drivers and loaders must adhere to strict regulations when it comes to stacking and securing the cargo they transport on the road. Failure to adhere to these guidelines can cause serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most common causes of truck accidents.
A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or the road. This can be particularly dangerous because the cargo could create a hazard or obstacle on the road and force motorists to swerve. It may also fall onto pedestrians or cyclists riding a bike in the vicinity of a truck.
Based on the circumstances surrounding the incident, there could be a variety of parties responsible. If dallas truck accident lawsuit was negligent while loading their cargo, for instance it could be held responsible under the legal theory of respondeat superior. The trucking company that employed the driver could also be held accountable, as it is responsible for the actions of its employees under the principle vicarious responsibility.
In cases where accidents occur due to unsafely loaded or secured cargo, a skilled truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco and Saile LLC may help victims identify the right defendants to bring a lawsuit against for compensation for their loss. A successful claim can result in a settlement or a verdict that provides victims with the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers have a duty to keep their trucks in good working condition. If they do not they could cause serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow they to function properly. If this is not done, it can result in a dangerous and unsafe road.
The conditions of the road and weather can also lead to truck crashes. Because of their size, trucks are more likely to be involved in crashes when they are driving in bad weather or on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These rules are intended to protect the public. However truckers disregard them in order to meet deadlines or to make more money from employers, they put the public at risk.
Unsafe road conditions can include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues include insufficient road markings, such solid or broken lines that confuse drivers on which lane they're in, and merging ramps that are too narrow for large vehicles to safely change lanes.
If a truck crash occurs because of road conditions that are poor the trucking company or the government agency that is responsible for maintaining the road may be held liable for the occurrence. It is imperative to prove that the party in question breached their obligation of care by creating unsafe conditions. This can include negligent hiring or maintaining the vehicle, and drug tests. California law permits victims to claim damages for medical bills or lost wages, pain and loss of quality life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians who walk along roads or even in their yards. Most pedestrians don't have protection from the enormous size and the weight of a truck and can suffer catastrophic, often fatal injuries from these kinds of accidents.
In these types of cases the personal injury attorney will seek compensation from the party who was negligent. In some cases, this may be as simple as suing the truck driver if they ran at a red light and hit the pedestrian, but in other instances it could be the trucking company that allowed the trucker to work longer shifts than allowed by law, failed to perform proper maintenance on the vehicle, or conducted an investigation into the background of the driver that would have revealed the history of unsafe driving behavior.
Accidents involving pedestrians and trucks are most often caused by the driver's lack of attention or distraction. This kind of accident is very common in car accidents, but it could be fatal for truck drivers due to the fact that they are higher up and have more blind zones which are difficult to perceive.
If a pedestrian is injured in a truck accident it is possible to be awarded damages for medical expenses and loss of earnings, injuries and suffering, as well as property damage. In certain cases, the plaintiff is found partially at fault for the accident because of their own actions (such as not transferring to the left side when the truck began to turn) their compensation could be reduced in proportion. It is important to hire an injury lawyer who is knowledgeable and experienced to handle your case. Contact us now to get started.
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