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Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will seek out evidence, including maintenance records of a trucking company that could be used to justify a claim of negligence.
A NYC truck accident lawyer will determine the negligent parties in your case and assist you in recovering from your injuries.
1. Injured or fatigued Driver
If a vehicle carrying passengers collides with a truck the most straightforward way to determine liability is to examine the driver's actions and demeanor. A truck accident attorney can utilize surveillance footage as well as testimony from witnesses to determine the driver responsible.
Many places have surveillance cameras. This includes the majority of intersections hotels, interchanges, gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence in order to identify the potential defendant, particularly when the driver appeared unfocused or distracted during the time of the accident.
In the event of a truck accident the driver may be injured or fatigued at the time of the accident. The road logs of the drivers will reveal if they had a sleepless night or did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could be held accountable for the negligent actions of their employees. A negligent hiring or training practice might have contributed to the accident, as can policies that encourage drivers to drive for as long as is possible while limiting their rest and sleep time, and increasing their chance of being involved in an accident.
If a road with a danger factor caused an accident the government agency that is responsible for maintaining it could be held accountable. A knowledgeable lawyer for truck accidents will identify the relevant agency and hire an experienced construction or maintenance contractor to examine the root of the unsafe situation, if applicable. A knowledgeable attorney can also identify multiple parties that may be accountable and seek out compensation from all sources.
2. san diego truck accident law firm are caused by faulty equipment, like brakes, tires, coupling systems and cargo restraints. These pieces of equipment were created to withstand heavy use and must be maintained and repaired to avoid failure. If something goes wrong it could make a truck driver unable to control the vehicle, and could cause fatal or serious collisions. The trucking company, the manufacturer or parts dealer, or repair shop can all be responsible for defective truck parts and equipment.
If an accident happened because of a defect in a component or piece of equipment, the injured party may seek damages for economic and noneconomic damages. Economic damages may include medical costs both now and in the future, lost income and the loss of earning potential. Noneconomic damages include pain and discomfort and brain injuries that cause trauma and emotional anxiety. In certain cases punitive damages might be available to punish the defendant in order to prevent similar negligence from happening in the future.
Even with the best efforts of trucking companies and drivers equipment issues will always occur. It is essential to identify the responsible parties in order to seek compensation for the losses.
If you've been involved in a truck accident the skilled attorneys at Burch Law Firm are able to assist. Contact us today for a free consultation. Our lawyers will analyze the case, determine responsible parties, and fight to get the compensation you deserve. We can help you recover compensation to cover medical bills loss of wages, physical or emotional suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day seven days a week to answer your phone.
3. Unloading Cargo Incorrectly
Drivers and loaders of trucks must adhere to strict rules regarding stacking and securing cargo they transport on the road. Failure to adhere to these guidelines could result in serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the leading causes of truck accidents.
Most of these truck accidents result from cargo falling off the truck onto other vehicles or roadways. This is especially dangerous, as the cargo could cause a danger or an obstacle on the road, and force other drivers to swerve. It may also fall on people who are walking or riding a bicycle within the vicinity of the truck.
Based on the manner in which the incident occurred, multiple parties may be at fault. If the driver was negligent when loading his or her cargo, for instance this person could be held responsible under the legal doctrine of respondeat superior. The trucking company that employed that driver may also be liable, as it is responsible for its employees' actions under the principle vicarious responsibility.
An experienced lawyer for truck accidents can make use of police reports and professional investigators to determine what caused of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining who they should file a claim for compensation against. A successful claim may result in a settlement or a verdict that gives victims the financial support they require to recover from their injuries.
4. Road conditions that are unsafe
Companies that operate trucks, as well their drivers, also have the responsibility of keeping their trucks in a good working condition. In the absence of this, it can result in serious accidents. The majority of trucks have mechanical components that require to be examined and replaced in order for them to function correctly. If this isn't done the result is an unsafe and dangerous road.
Truck accidents can also be caused by hazardous weather and road conditions. Due to their massive size, trucks are more likely to be involved in a crash when they travel in bad conditions or on roads that are wet. Additionally, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive each day. These regulations are designed to safeguard the public. However truckers who do not follow these rules to meet deadlines or to get more money from employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient markings for lane lines, like solid or broken lines that confuse drivers regarding which lane they're in, or merging ramps that are too narrow for large vehicles to safely change lanes.
If a car accident occurs because of road conditions that are poor, the trucking company or the government agency responsible for maintaining the road could be liable for the accident. It is necessary to prove that the person in question violated their duty of care by causing dangerous conditions. This may include negligent hiring, maintenance of the vehicle, or drug screenings. In accordance with California law, victims can get compensation for medical bills as well as lost income, suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents pose danger to pedestrians who are walking along the roads or even in their yards. People walking on foot are not always protected from the weight and size of a vehicle and can be terribly injured or killed.
In these kinds of cases the personal injury attorney will seek compensation from any person who was negligent. In some cases, this may be as easy as the truck driver if they ran a red light and struck the pedestrian, however in others, it could be the trucking firm that allowed the trucker to work longer shifts than allowed by law, or failed to take care of the vehicle, or conducted an background check that would have found a history of unsafe driving habits.
Distraction 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 because they are higher in the air and have larger blind zones that are difficult to see.
A pedestrian injured in a crash with a truck can be awarded compensation for medical expenses loss of earnings, discomfort and pain, as well as property damage. However, in some cases where the plaintiff is found to be partly at fault for the crash due to their own actions, such as not stepping over the left shoulder when a truck began to swerve, they could be awarded a lower amount of compensation. It is important to select an injury lawyer who is skilled and experienced to take care of your case. Contact us today to start.
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