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Truck Accident Law
A truck accident lawyer with expertise in the field has a thorough understanding of the laws that govern truck drivers and trucking firms. They will search for and uncover evidence such as the maintenance records of the trucking company which could prove negligence.
A NYC truck accident lawyer can assist you in determining who is the fault in your situation and help you recover your injuries.
1. Driver injured or fatigued
When a passenger vehicle is involved in a collision with a truck the most effective method of determining the extent of liability is to scrutinize the manner of driving and behavior. A truck accident lawyer can review surveillance footage and witness statements to determine which driver was at fault.
Many places have surveillance cameras. This includes all intersections, hotels, interchanges, gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence in order to identify potential defendants, especially if the driver seemed inattentive or distracted at the time of the accident.
In the event of a truck accident, the driver may be fatigued or injured at the time of the incident. The road logs of the drivers can reveal whether they slept insufficiently 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 could also be held accountable for carelessness 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, reducing their sleep and rest times and increasing their risk of accident, may also have contributed.
The government agencies responsible for maintaining roads can also be held responsible if a hazardous road contributed to the accident. A knowledgeable lawyer for truck accidents will identify the relevant agency and then hire a seasoned maintenance or construction contractor to determine the cause of the dangerous condition and if it's applicable. A knowledgeable attorney can also determine the various parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These equipments are designed to stand up to the rigors of use, and must be assessed, maintained, and repaired to avoid failure. When something goes wrong, it could leave a truck driver unable to control the vehicle, and could cause fatal or serious collisions. The problem with defective truck parts and equipment can be the responsibility of several different entities, including the trucking company as well as the manufacturer and the parts dealer or repair shop.
If an accident occurred because of a defect in a component or piece of equipment, the injured party could pursue damages for economic and non-economic losses. Economic damages could include medical expenses today and in the near future, loss of income and loss of earning potential. stamford truck accident law firm can include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In certain circumstances, punitive damages may be given to punish the defendant and stop future mistakes.
Despite the best efforts of trucking companies and their drivers, some equipment issues are inevitable. If this happens, it's crucial to identify the responsible parties in order to seek compensation for your loss.
If you have been involved in a truck accident, the experienced attorneys at Burch Law Firm can assist. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will evaluate your case, determine liable parties and fight to obtain the compensation you deserve. We can help you get compensation to pay medical bills or lost wages, as well as physical or emotional pain. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24 hours a day 7 days a week.
3. Unloading Cargo Unsafely
The cargo that trucks carry on the road may appear simple enough, but there are strict regulations that drivers and loaders must adhere to when stacking and securing their loads. Failure to follow these guidelines can cause serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the road. This can be especially dangerous because the cargo might create an obstacle or create a danger on the road, forcing other drivers to swerve or crash into it. It could also fall on pedestrians or cyclists riding a bike in the vicinity of trucks.
Depending on the circumstances of the accident, there may be a variety of parties responsible. If a driver was negligent in loading their cargo, for example it could be held accountable under the legal theory of respondeat superior. The trucking company who employed the driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions under the principle vicarious responsibility.
In the event that an accident happened because of inadequately secured or loaded cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was responsible. An attorney from Cordisco & Saile LLC can assist victims in determining the proper defendants to file a claim against for compensation for their loss. A successful case could result in a settlement or verdict that can provide victims with the funds they require to recuperate.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, also have a responsibility to maintain their trucks in good working order. Failure to do so can result in serious accidents. To ensure that trucks operate correctly, mechanical components are often inspected and replaced. When this doesn't happen it results in an unsafe and dangerous road.
The cause of truck crashes is caused by hazardous weather and road conditions. Because of their size truck's size, they are more likely to be involved in crashes during bad weather conditions and on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the number of hours they are allowed to drive in a day. These rules are intended to protect the public. However truckers who ignore them in order to meet deadlines or to earn more cash from their employers, they put the public at risk.
Unsafe road conditions can include slippery pavement that prevents tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues could be caused by inadequate road markings, such solid or broken lines that confuse drivers about the lane they're in, or merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident occurs because of poor roadway conditions, the trucking company or government agency that is responsible for maintaining the road could be held responsible for the occurrence. It is essential to prove that the party who caused the accident violated their duty of care by creating dangerous conditions. This can include negligent hiring, maintenance of the vehicle, and drug testing. In accordance with California law, victims are able to get compensation for medical expenses, lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their own yards. The pedestrians aren't always protected from the weight and size of a vehicle and can be terribly injured or killed.
In these cases an attorney who is able to handle personal injury can seek compensation from the party who was negligent. In some instances it could be as simple as the truck driver who ran a red light and struck the pedestrian, however in other instances, it could be the trucking company who allowed the trucker to work longer shifts than is permitted by law, or failed to maintain the vehicle, or conducted an investigation into the background of the driver that could have revealed the existence of a history of dangerous driving habits.
Inattention or distraction are the most frequent causes of accidents involving trucks and pedestrians. Although this type of incident is common with any car accident, it could be more dangerous due to the fact that truck drivers tend to be higher up in their cabs and have larger blind spots which are difficult to spot.
If a pedestrian is injured in a car accident and is injured, they may be awarded damages for medical expenses and loss of earnings, injuries and suffering, as well as property damage. However, there are instances where the plaintiff is found to be partly accountable for the accident because of their own actions, for example, not stepping over to the left shoulder when a truck started to swerve, they could have their compensation reduced accordingly. This is why it is important to hire a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to begin.
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