10 Websites To Help You To Become A Proficient In Truck Accident Law
Truck Accident Law
A lawyer for truck accidents with knowledge of the field has a thorough understanding of the laws that govern truck drivers as well as trucking firms. They will seek out evidence, including maintenance records of a trucking company which could provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can determine who is at fault in your case and assist you in recovering from your injuries.
1. Driver injured or fatigued
When a passenger vehicle is involved in a collision with a truck the most effective way to determine who is at fault is to scrutinize the driver's actions and mannerisms. An attorney for truck accidents can make use of surveillance footage and witness testimonies to determine the driver responsible.
Many places are equipped surveillance cameras, such as most interchanges and intersections as well like some hotels, gas stations, restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, particularly when the driver appeared unfocused or distracted at the time of the accident.
In the event of a truck accident, the driver may have been fatigued or injured at the time of the accident. The road logs of drivers will reveal if they slept too little or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company may also be held accountable for the reckless actions 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, while reducing their rest and sleep times and thereby increasing their risk of being injured may have contributed.
If a road with a danger factor contributed to an accident, the government agency accountable for maintaining it may be held accountable. A truck accident lawyer who has experience can identify the agency responsible and then a construction or maintenance contractor who is experienced to investigate the root of any unsafe conditions and, if necessary, to determine the cause. A skilled attorney can identify multiple parties that may be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of faulty equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were created to withstand heavy usage and should be maintained and repaired to avoid failure. If something goes wrong, it could render the driver of a truck unable to control the vehicle and can cause fatal or serious collisions. The trucking company, manufacturer, parts dealer or repair shop can all be accountable for the malfunction of truck parts and equipment.
If an accident occurred as a result of a malfunctioning part or piece of equipment, the injured party may seek damages for economic and noneconomic losses. Economic damages can include future and current medical expenses, lost income, and loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain emotional distress. In some cases punitive damages can be available to punish the defendant in order to stop similar negligence from occurring in the future.
Despite the best efforts of trucking companies and their drivers, some equipment issues will always arise. It is essential to identify the responsible parties to seek compensation for your losses.
If you've been injured in a truck collision, the experienced attorneys at the Burch Law Firm can assist. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will review your case, identify liable parties, and fight to secure the compensation you are entitled to. We can help you obtain compensation for medical bills as well as lost wages from work, and physical and emotional pain. 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 answer your calls.
3. Improperly Loaded Cargo
The cargo trucks transport on the road may appear simple enough, but there are strict regulations that loaders and drivers must adhere to when stacking and secure their loads. Infractions to these rules could cause serious issues. In a recent study the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the most common causes of truck accidents.
Most of these truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This can be extremely dangerous, as the cargo could create a risk or a problem on the road, and force other drivers to slow down. It could also fall onto people who are walking or riding bicycles in the vicinity of a truck.
Depending on the way in which the accident was triggered, several parties could be at fault. A driver who was negligent while loading his or cargo could be held responsible under the legal theory respondeat superior. The trucking company employing that 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 cases in which an accident was caused by unsecurely loaded or secured cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco & SAIL LLC attorney will assist victims to determine which defendants they should file a claim for compensation against. A successful claim can result in a settlement or verdict that provides victims with the financial support they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as their drivers, also have an obligation to keep their trucks in a good working order. If they don't, it could lead to serious accidents. Trucks often have mechanical parts which need to be inspected and replaced in order for them to function correctly. When this doesn't happen the result is an unsafe and dangerous road.
The conditions of the road and weather can also lead to truck crashes. Due to their huge size, trucks are more likely to be involved in a crash if they are driving in bad weather conditions or on roads with a lot of water. Additionally truck drivers must follow strict Federal Motor Carrier Safety Administration rules regarding how long they can drive per day. anchorage truck accident attorney are designed to safeguard the public. However, when truckers ignore these rules to meet deadlines or to make more money from employers, they are putting the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems can include inadequate markings for lane, such as broken or solid 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 crash occurs because of road conditions that are poor, the trucking company or the government agency responsible for maintaining that road could be held responsible for the occurrence. The party who created the hazardous conditions must be proven to have violated its obligation of care. This could be due to negligent hiring or maintenance of the vehicle, as well as testing for drugs. California law permits victims to claim damages for medical expenses as well as lost wages, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along roads or in their own yards. People walking on foot are not always protected from the weight and size of a vehicle and can be severely injured or killed.
In these situations an attorney who is able to handle personal injury can seek compensation from the negligent party. In some cases the party who was negligent could be the driver of the truck who ran a red light and hit the pedestrian. In other instances, it could be a trucking firm which allowed the trucker work longer than the law allows or did not maintain the vehicle in a timely manner.
Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. While this kind of incident is not uncommon in any car accident, it may be more deadly due to the fact that truck drivers tend to be higher up in their cabs. They also have bigger blind areas that are hard to see.
A pedestrian who is injured in a truck crash can receive compensation for medical costs and lost earnings, as well as pain and discomfort, and property damage. However, there are instances where the plaintiff is found to be partly accountable for the accident due to their own actions, like failing to move 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 take care of your case. Contact us now to begin.