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Truck Accident Law
A lawyer who has experience in the field has a thorough understanding of the laws that govern truck drivers and trucking firms. They will conduct an investigation and discover evidence such as the maintenance records of the trucking company which could provide evidence for a negligence claim.
A NYC truck accident lawyer in NYC can assist you in determining who's at fault in your case and assist you in recovering your injuries.
1. Driver injured or fatigued
When a passenger vehicle collides with a truck, the most effective method of determining the extent of liability is to review the conduct of the driver and his manner. A lawyer who handles truck accidents will review the footage of surveillance and witness testimony to determine which driver was responsible for the accident.
Many places are equipped with surveillance cameras, including the majority of interstates and interchanges, as well some gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if the driver was distracted or not paying attention at the moment of the accident.
In the case of truck accidents, it is also possible that the driver was tired or injured at the time of the accident. The road logs of the drivers will reveal if they slept insufficiently or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company may also be held responsible for the negligent acts of their employee. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, thus reducing their rest and sleep hours and thereby increasing their risk of being injured could also have contributed to.
Government agencies that are responsible for maintaining roads may also be accountable if a dangerous road contributed to the accident. A truck accident lawyer who is knowledgeable can determine the agency responsible and engage an expert in construction or maintenance with experience to look into the root cause of any hazardous conditions or other unsafe conditions, if applicable. An experienced attorney can determine which parties could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, such as brakes and tires, coupling systems and cargo restraints. These equipments are designed to withstand a lot of usage and must be inspected and maintained to avoid failure. If something goes wrong truckers may not be able to control their vehicle and this could result in fatal or even fatal accidents. Damaged truck parts and equipment can be the responsibility of several entities that include the trucking firm or the manufacturer, as well as the parts dealer or repair shop.
When an accident occurs because of a malfunctioning piece of equipment or a component the injured party may seek damages for both economic and non-economic damages. Economic damages may include medical costs at present and in the future, loss of income and the loss of earning potential. Noneconomic damages could include discomfort and pain as well as brain injuries that are traumatic, and emotional anxiety. In certain circumstances, punitive damages can be awarded to punish the defendant and to prevent future negligence.
Despite the best efforts of trucking companies and drivers equipment problems will always occur. It is essential to identify the responsible parties to seek compensation for the losses.
The highly skilled attorneys at the Burch law firm are able to assist you if you have been in a truck accident. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will review your case, identify the responsible parties and fight to get the compensation you're entitled to. We can help you get 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 available 24 hours per day all week long to take your call.
3. Improperly loaded Cargo
Loaders and drivers of trucks must adhere to strict regulations in stacking and secure the cargo they transport on the roads. If they don't follow these guidelines could lead to serious problems. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the leading causes of truck accidents.
The majority of these truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This is especially dangerous because the cargo could create a hazard or obstacle on the road and cause other drivers to swerve. It could also fall on pedestrians or cyclists riding a bike in the vicinity of a truck.
Depending on the circumstances of the incident, there could be a variety of parties responsible. A driver who was negligent while loading his or her cargo might be held accountable under the legal theory of respondeat superior. However the trucking company that employs that driver might be held accountable, too, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
In cases in which an accident was caused by improperly loaded or secured cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was at fault. A Cordisco and SAIL LLC lawyer can assist victims in determining the defendants they should submit a claim to compensation against. A successful claim can result in a settlement or a verdict that provides victims with the financial support they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, share the obligation of keeping their trucks in good working condition. If they don't, it could result in serious accidents. To ensure that the trucks are operating correctly, mechanical parts are often inspected and replaced. If this is not done, it could cause a dangerous and unsafe road.
The conditions of the road and weather can cause truck accidents too. louisiana truck accident lawsuit to their huge size, trucks are much more likely to be involved in crashes when they travel in bad weather conditions or on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they can drive per day. These regulations are designed to protect the public. However truckers disregard these rules in order to meet deadlines, or to earn more cash from employers, they place the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues are inadequate lane markings such as solid or broken lane lines that confuse drivers about which lane they're on, and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a car accident occurs because of poor road conditions, the trucking firm or government agency that has the responsibility to maintain the road could be held liable. The party who created the dangerous conditions must be proven guilty of breaching its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. Under California law, victims can recover damages for their medical bills or lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents are dangerous for pedestrians on the streets or even in their yards. People walking on foot are not always protected from the weight and size of a truck, and may be severely injured or killed.
In these situations, an attorney for personal injury will seek to recover compensation from the responsible party. In some cases, this may be as simple as suing the truck driver if they ran a red light and struck the pedestrian, however in other cases, it could be the trucking company that allowed the trucker to work longer shifts than is permitted by law, did not take care of the vehicle, or conducted an investigation into the background of the driver which would have revealed an occurrence of unsafe driving habits.
Accidents involving trucks and pedestrians are often caused by the driver's inattentiveness or distraction. While this kind of incident is not uncommon in any car accident, it could be more dangerous due to the fact that truck drivers tend to be higher in their cabs and have more blind spots that are difficult to discern.
A pedestrian who is injured in a collision with a truck may be awarded compensation for medical expenses loss of earnings, discomfort and pain, as well as property damage. However, there are cases where the plaintiff is found to be partly at fault for the crash due to their own actions, such as not moving over to the left shoulder when a truck began to swerve, they can be awarded less compensation. It is important to select a personal injury lawyer that is experienced and knowledgeable to handle your case. Contact us now to begin.
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