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Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, encompassing the specific laws that apply to truck drivers and trucking companies. They will look into evidence, such as maintenance records for trucking companies which may be evidence to provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault in your case and assist you in recovering your injuries.
1. Driver injured or fatigued
When a vehicle driven by a person collides with a truck, the most straightforward method to determine the liability is to examine the manner of driving and behavior. A truck accident lawyer can use surveillance footage and witness testimonies to determine the driver at fault.
Many places are equipped surveillance cameras, which includes the majority of intersections and interchanges as well like some gas stations, hotels, restaurants, and other establishments. This evidence can be used by a truck accident lawyer to determine a potential defendant, particularly if the driver was distracted or not paying attention at the time of the incident.
In the event of a truck crash, it is possible that the driver was tired or injured during the time of the crash. The road logs of drivers could reveal if they were sleeping too much or did not follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could be held accountable for reckless actions of their employees. A negligent hiring or training method might have contributed to the accident, as could the policies that encourage drivers to stay on the road for as long as possible, minimizing their rest and sleep time, and thereby increasing the chance of being involved in an accident.
The government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe contributed to the accident. A truck accident lawyer who is well-versed can determine the agency responsible and then hire a construction or maintenance contractor who has experience to determine the root cause of any hazardous conditions, if applicable. An experienced lawyer can identify various parties who could be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are the result of defective equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand heavy use and must be maintained and repaired to avoid failure. When something goes wrong, it can leave a truck driver unable to control the vehicle and can result in serious or fatal collisions. The trucking company, the manufacturer, parts dealer or repair shop can all be accountable for the malfunction of truck parts and equipment.
When an accident occurs because of a malfunctioning piece of equipment or part the person who was injured can seek damages for both economic and non-economic damages. Economic damages could include medical expenses at present and in the future, lost income and loss of earning potential. Noneconomic damages include suffering and pain trauma to the brain, and emotional distress. In certain instances, punitive damages are given to punish the defendant and stop future mistakes.
Despite miami gardens truck accident lawyer of trucking companies and drivers, equipment malfunctions are a given. When this happens, it is important to determine the liable parties to seek compensation for your losses.
If you've been injured in a collision with a truck the skilled attorneys at the Burch Law Firm can help. Contact us today for an initial consultation for free. Our lawyers will analyze your case, find liable parties and fight to get the compensation you deserve. We can help you obtain compensation for medical expenses, lost wages, and physical or emotional pain. We handle cases in Missouri, including Jefferson City and Columbia. We are available to take your calls anytime 7 days a week.
3. Unloading Cargo in a way that isn't safe
Loaders and drivers of trucks must follow strict guidelines regarding stacking and securing the cargo they transport on the road. Failure to follow these guidelines could cause serious issues. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.
A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This is particularly dangerous because the cargo might create an obstruction or create a risk on the road, causing other drivers to slow down or hit it. It could also fall on pedestrians who are walking or riding a bicycle in the vicinity of the truck.
Depending on the way in which the accident was triggered, several parties could be responsible. A driver who was negligent while loading his or her cargo could be held liable in the context of the legal theory respondeat superior. However the trucking company that employs that driver might be liable as well, because it is responsible for the actions of its employees under the principle of vicarious liability.
In the event that an accident happened because of unsafely loaded or secured cargo, a skilled truck accident lawyer will use professional investigators and police reports to determine what went wrong and who was responsible. A Cordisco and SAIL LLC attorney can help victims determine the defendants they should make a claim for compensation against. A successful claim could result in a settlement or a verdict which gives victims the financial assistance they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their vehicles in good condition, and when they fail to do so it could result in serious accidents. To ensure that trucks function properly, mechanical parts are often checked and replaced. If this isn't done, the result is dangerous and unsafe roads.
Accidents involving trucks can also be caused by hazardous weather and road conditions. Due to 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 must also follow 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, when truckers ignore these rules to meet deadlines or to make more money from employers, they place the public at risk.
Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include insufficient lane markings like broken or solid lane lines that cause confusion for drivers about which lane they're in, and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a truck crash occurs due to poor road conditions the trucking company or government agency that has the responsibility to maintain the road could be held accountable. It is essential to prove that the party who caused the accident violated their duty of care by creating dangerous conditions. This could include negligent hiring, maintenance of the vehicle, or drug screenings. In accordance with California law, victims are able to get compensation for medical bills or lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. Pedestrians typically have no protection from the size and weight of a large truck, and they can sustain catastrophic and often fatal injuries in these types of crashes.
In these kinds of cases, a personal injury attorney will seek compensation from any party that was negligent. In some instances, this may be as simple as the truck driver if they ran an intersection and struck the pedestrian, however in other instances, it could be the trucking company who allowed the trucker to work longer hours than permitted by law, failed to conduct proper maintenance on the vehicle, or even conducted an investigation into the background of the driver that would have revealed the existence of a history of dangerous driving habits.
Accidents involving trucks and pedestrians are usually caused by the driver's inattentiveness or distraction. This type of accident happens frequently in car accidents, but it could be fatal for truck drivers as they are higher up and have a larger blind zone that are difficult to discern.
A pedestrian who is injured in a crash with a truck can receive damages for medical expenses as well as lost earnings, discomfort and pain, and property damage. In some instances, where the plaintiff is found to be partly responsible for the crash due to their own actions, for example, not stepping over to the left shoulder when a truck began to swerve, they can have their compensation reduced accordingly. This is why it is important to hire a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us now to get started.
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