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Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will look into evidence, such as maintenance records of a trucking company, that may justify a claim of negligence.
A NYC truck accident lawyer in NYC can determine the responsible parties in your case and help you recover from your injuries.
1. Fatigued or injured driver
The most effective method of determining who is at fault in a collision between an automobile and a car is to study the driver's behavior. A truck accident lawyer can utilize surveillance footage as well as witness testimonies to determine the driver at fault.
A lot of places have surveillance cameras. This includes the majority of intersections, interchanges, hotels, gas stations and restaurants. A skilled truck accident lawyer can use this evidence to identify potential defendants, especially if the driver seemed inattentive or distracted during the time of the accident.
In the case of truck accidents, it is possible that the driver was tired or injured during the time of the accident. A thorough investigation of the driver's logs will reveal if they spent too long without rest or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand regular rest breaks.
The trucking company may also be held accountable for the negligent actions of their employees. A negligent hiring or training method could have contributed to this accident, as could the policies that encourage drivers to stay on the road for as long as they can while limiting their sleep and rest time and thereby increasing the risk of an accident.
Government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A seasoned truck accident lawyer can identify the relevant agency and hire an experienced maintenance or construction contractor to determine the cause of the unsafe road in the event that it is applicable. A knowledgeable attorney can identify multiple parties who may be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents happen because of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to endure rigorous use and should be examined and maintained to prevent failure. When something goes wrong truckers may not be able to control their vehicle and it could cause tragic or fatal accidents. The trucking company, manufacturer of parts, the parts dealer, or repair shop can all be held accountable for malfunctioning truck parts and equipment.
When an accident occurs because of an equipment or a component the injured party may seek damages for both economic and non-economic losses. Economic damages include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages include suffering and pain trauma to the brain and emotional distress. In certain cases, punitive damages can be given to punish the defendant and stop future negligent behavior.
Despite the best efforts of trucking companies and their drivers, certain equipment issues will always arise. If this happens, it's crucial to identify the responsible parties in order to seek compensation for your losses.
troy truck accident attorney experienced attorneys at Burch law firm can assist those who have been involved in a collision with a truck. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will review your case, determine liable parties and fight to obtain the compensation you're entitled to. We can assist you in obtaining the amount you need to pay for medical bills, lost wages, and emotional or physical suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days all week long to take your call.
3. Improperly loaded Cargo
The cargo trucks transport on the road may appear straightforward enough, but there are strict rules that loaders and drivers must follow in terms of stacking and secure their loads. Infractions to these rules could cause serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the leading causes of truck accidents.
The majority of these truck accidents are caused by cargo falling from the vehicle onto other vehicles or roadways. This is particularly risky because the cargo could create a hazard or obstacle on the road and force motorists to swerve. It can also fall onto people who are biking or walking near the truck.
Depending on the circumstances of the accident, there may be multiple parties at fault. A driver who was negligent in loading his or her cargo might be held accountable under the legal theory of respondeat superior. The trucking company who employed the driver could also be held accountable, as it is responsible for its employees' actions in the spirit of vicarious responsibility.
In cases in which an accident was caused by improperly loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was at fault. A Cordisco & SAIL LLC attorney can help victims determine who they should file a claim for compensation against. A successful claim can result in a settlement or verdict that gives victims the financial assistance they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The trucking companies, as well the drivers they employ, bear an obligation to keep their vehicles in good working condition. If they don't, it could lead to serious accidents. Trucks often have mechanical parts that require to be examined and replaced in order for them to work correctly. If this isn't done it can result in a dangerous and unsafe roadway.
The cause of truck crashes is caused by weather conditions or road conditions. Because of their 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 are required to follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These rules are intended to safeguard the public. However truckers who do not follow these rules in order to meet deadlines, or to earn more cash from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient lane markings such as broken or solid lines of lane that confuse drivers about what lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck accident happens because of poor road conditions, the trucking firm or government agency that has the responsibility to maintain the road may be held accountable. The person who caused the unsafe conditions has to be proven guilty of breaching its duty of care. This could include negligent hiring or maintenance of vehicles, as well as testing for drugs. California law permits victims to claim damages for medical bills and lost wages, as well as suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. The majority of pedestrians are not protected from the enormous size and weight of a large truck, and may suffer devastating or even fatal injuries from these kinds of crashes.
In these cases, a personal injury attorney will seek compensation from any person who was negligent. In some cases the party who was negligent could be the driver of the truck who ran a red light and struck a pedestrian. However, in other cases it could be a trucking firm which allowed the trucker to work longer than the law allows or failed to maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks tend to be caused by the driver's lack of attention or apathy. This kind of accident is quite common in car accidents, but it could be fatal for truck drivers due to the fact that they are higher in the air and have greater blind zones which are difficult to spot.
A pedestrian who is injured in a car crash may be awarded compensation for medical expenses, lost earnings, pain and discomfort, and property damage. However, there are instances where the plaintiff is found to be partly responsible for the crash due to their own actions, like not stepping over to the left shoulder when a truck began to swerve, they could be awarded a lower amount of compensation. It is important to select a personal injury lawyer who is experienced and knowledgeable to handle your case. Contact us today to get started.
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