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Truck Accident Law
A lawyer for truck accidents with experience in the field has a deep understanding of the laws that govern truck drivers and trucking firms. They will investigate and uncover evidence such as maintenance records of the trucking company which could support a negligence claim.
A NYC truck accident lawyer will determine the negligent parties in your case and assist you in recovering from your injuries.
1. Fatigued or injured driver
When a vehicle driven by a person collides with a truck the easiest way to determine who is at fault is to scrutinize the driver's actions and mannerisms. A truck accident lawyer can utilize surveillance footage as well as testimony from witnesses to determine the driver responsible.
Many places have surveillance cameras. This includes many intersections hotels, interchanges gas stations and restaurants. This evidence can be used by a truck accident lawyer to determine a potential defendant, particularly if the driver was distracted or unobservant at the time of the incident.
In the event of a truck crash, it is possible that the driver was fatigued or even injured during the time of the accident. A thorough investigation of the driver's logs will reveal if they slept too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and require regular rest breaks.
The trucking company could also be held responsible for the negligent actions of their employees. A improper hiring or training procedure might have contributed to the accident, as can policies that encourage drivers to stay on the road for as long as possible, minimizing their rest and sleep time and increasing their chance of being involved in an accident.
Government agencies responsible for maintaining roads may also be liable if a hazardous roadway caused the accident. A truck accident lawyer who has experience will identify the person responsible and engage an expert in construction or maintenance with experience to investigate the root cause of any hazardous conditions in the event of a case. A seasoned attorney can identify multiple parties that may be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of faulty equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to withstand a lot of use and must be properly assessed and maintained to avoid failure. When something goes wrong it could render the truck driver unable control the vehicle and may cause fatal or serious collisions. The trucking company, the manufacturer, parts dealer, or repair shop may all be held accountable for malfunctioning truck parts and equipment.
If an accident occurred as a result of a defective component or piece of equipment, the person injured could seek damages for both economic and noneconomic damages. Economic damages can include future and current medical expenses lost income, loss of earning capacity. Noneconomic damages may include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In some cases punitive damages can be awarded to penalize the defendant and prevent future negligence.
Even with the best efforts of trucking companies and drivers, equipment malfunctions are a given. It is essential to identify the responsible parties in order to pursue compensation for the losses.
If you've been in a collision with a truck, the experienced attorneys at the Burch Law Firm can assist. Contact us today for an appointment for a no-cost consultation. Our lawyers will evaluate your case, identify the responsible parties and fight to obtain the compensation you deserve. We can assist you in obtaining compensation for medical expenses loss of wages, physical or emotional suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days and 7 days a week to take your call.
3. Improperly Loaded Cargo
Loaders and drivers of trucks must adhere to strict guidelines in stacking and secure the cargo they transport on the road. Failure to follow these guidelines can lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most frequent causes of truck accidents.
The majority of these truck accidents are caused by cargo falling from the vehicle onto other vehicles or roadways. This can be especially dangerous since the cargo could cause an obstacle or cause a danger to the road, causing drivers to turn around or smash into it. It could also fall on pedestrians or cyclists riding a bike in the vicinity of the truck.
Based on the manner in which the incident occurred, multiple parties may be at fault. A driver who was negligent in loading his cargo may be held liable according to the legal doctrine of respondeat superior. The trucking company that employed the driver could also be held accountable for its actions, since it is responsible for the actions of its employees under the principle of vicarious accountability.
An experienced attorney for truck accidents can use police reports and professional investigators to identify the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC will assist victims in determining the proper defendants to bring a lawsuit against for compensation for their losses. A successful claim could result in a settlement or a verdict which provides victims with the financial assistance they need to recover from the injuries they sustained.
4. Road conditions that are unsafe
The trucking companies, as well their drivers, also have the obligation of keeping their vehicles in good working condition. Failure to do this could lead to serious accidents. To ensure that the trucks are operating properly, mechanical parts are often inspected and replaced. If this is not done, it can result in a dangerous, unsafe road.
The cause of truck crashes is caused by hazardous weather and road conditions. Due to their huge dimensions, trucks are more likely to be involved in a crash when they are driving in bad weather conditions or on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of time they are permitted to drive each day. These regulations are designed to protect the public, but if truck drivers don't follow them in order to meet deadlines or get more money from their employers, they put the public in danger.
Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include insufficient markings for lane lines, like broken or solid lines that confuse the driver about the lane they're in, and merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident occurs due to road conditions that are poor the trucking company or government agency accountable to maintain that road could be held liable. It is imperative to prove that the party who caused the accident violated their obligation of care by creating unsafe conditions. This can be a result of negligent hiring or maintaining the vehicle, and drug testing. In accordance with California law, the victims may recover damages for their medical expenses and lost income, pain, and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians who are walking along streets or in their yards. Pedestrians typically have no protection from the enormous size and weight of a large truck, and they can sustain catastrophic and often fatal injuries in such crashes.
In these instances, an attorney for personal injury will seek to recover compensation from the party who was negligent. In some instances, the negligent party may be the driver of the truck who ran a red flag and hit the pedestrian. However, in other cases, it could be a trucking firm which allowed the trucker to work longer than what is permitted by law or did not maintain the vehicle properly.
Distraction or inattention are among the most common causes of accidents involving pedestrians and trucks. While this kind of incident is common with any car accident, it can be more dangerous due to the fact that truck drivers are usually higher in their cabs and have larger blind areas that are difficult to see.
If a pedestrian gets injured in a collision with a truck, they can be awarded damages for medical bills as well as loss of earnings, suffering and property damage. In some instances, the plaintiff is determined to be partially at fault for the incident due to their own actions (such as not moving over to the left side when the truck started to turn) their compensation could be reduced accordingly. It is essential to choose a personal injury lawyer who is knowledgeable and experienced to handle your case. Contact surprise truck wreck lawyer to begin.
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