11 Ways To Totally Block Your Truck Accident Law
Truck Accident Law
A truck accident lawyer with knowledge of the field is well-versed in the laws which govern truck drivers and trucking firms. They will seek out evidence, such as trucking company maintenance records which may be evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault for your incident and help you recover for your injuries.
1. Fatigued or injured driver
The most efficient method to determine who is at fault in a collision between an automobile and a car is to examine the behavior of the driver. A truck accident lawyer can use surveillance footage and witness testimonies to determine the driver who is at fault.
Many places have surveillance cameras. This includes all intersections hotels, interchanges, gas stations and restaurants. A skilled truck accident lawyer could use this evidence to identify the potential defendant, particularly if the driver seemed inattentive or distracted when the accident occurred.
In truck accidents the driver could have been injured or fatigued at the time. A thorough analysis of the logs from the driver will reveal if they slept too long without sleeping or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and require regular rest breaks.
The trucking firm could be held responsible for the negligence of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep times and thereby increasing their risk of being injured, may also have contributed.
If a road with a danger factor resulted in an accident, the government agency accountable for maintaining it may be held accountable. A skilled truck accident lawyer can identify the appropriate agency and employ a competent maintenance or construction contractor to investigate the cause of the unsafe situation, if applicable. A knowledgeable attorney can identify multiple parties who may be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including the brakes and tires, coupling systems and cargo restraints. These pieces of equipment were created to withstand heavy usage and must be properly maintained and repaired 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. The trucking company, the manufacturer, parts dealer, or repair shop could all be held accountable for malfunctioning truck parts and equipment.
When an accident occurs because of an equipment or part the injured party may seek compensation for both economic as well as non-economic losses. Economic damages include medical expenses now and in the future, lost income and the loss of earning potential. Noneconomic damages could include discomfort and pain and brain injuries that cause trauma and emotional distress. In certain circumstances punitive damages might be available to punish the defendant to stop similar mistakes from happening in the future.
Despite the best efforts of trucking companies and their drivers, some equipment issues are inevitable. It is important to identify the parties responsible in order to seek compensation for the loss.
If you have been involved in a truck collision and need help from an experienced attorney at Burch Law Firm are able to help. Contact us today for an appointment for a no-cost consultation. Our lawyers will review the case, find responsible parties, and fight to get the compensation you deserve. We can assist you in recovering compensation for medical expenses as well as lost wages from work, as well as physical and emotional suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available to take your calls anytime all week long.
3. Unloading Cargo Unsafely
Drivers and loaders of trucks must adhere to strict rules when it comes to stacking and securing cargo they transport on the road. If they don't follow these guidelines, it could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
The majority of truck accidents are caused by cargo falling from the vehicle onto other vehicles or roadways. This can be particularly risky because the cargo could create an obstruction or create a risk on the road, forcing motorists to swerve or crash into it. It could also fall on pedestrians who are cycling or walking in the vicinity of the truck.
Depending on the way in which the accident took place, a variety of parties could be responsible. A driver who was negligent while loading his cargo may be held liable according to the legal doctrine of respondeat superior. However the trucking company which employs that driver might be liable as well, because it is responsible for the actions of its employees based on the principle of vicarious liability.
In cases where an accident happened because of unsafely loaded or secured cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who was accountable. An attorney from Cordisco and Saile LLC can assist victims in determining the right defendants to file a claim against for compensation for their losses. A successful claim can result in a settlement or verdict which gives victims the financial assistance they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers have a duty to keep their vehicles in good condition, and when they do not, it can lead to serious accidents. There are many mechanical parts in trucks that need to be checked and replaced to allow them to function correctly. If this is not done, it could result in a dangerous and unsafe road.
Truck accidents can also be caused by dangerous weather or road conditions. Because of their size truck's size, they are more likely to be involved in accidents during stormy weather and on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are permitted to drive each day. These rules are intended to protect the public, but if truck drivers do not follow them in order to meet deadlines, or to gain more money from their employers, it puts the public in danger.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient lane markings such as broken or solid lane lines that cause confusion for drivers about the lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
When a truck accident happens because of road conditions that are poor, the trucking company, or the government agency responsible for maintaining the road could be held accountable for the occurrence. The party responsible for creating the dangerous conditions needs to be proven guilty of breaching its duty of care. This can include negligent hiring, vehicle maintenance, and testing for drugs. California law permits victims to claim damages for medical bills as well as lost wages, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely dangerous for pedestrians who are walking along the streets or in their yards. The pedestrians aren't always protected from the weight and size of a truck and could be terribly injured or killed.
In these cases in these types of cases, a personal injury lawyer will pursue compensation from any party that was negligent. In some instances, the negligent party may be the driver of the truck who ran a red light and hit the pedestrian. However, in other cases it could be a trucking business which allowed the trucker to work longer than the law allows or did not maintain the vehicle in a proper manner.
Accidents involving trucks and pedestrians are most often result from the driver's inattention or apathy. While boise city truck wreck lawyer of incident is normal in any car accident, it may be more fatal due to the fact that truck drivers are usually higher in their cabs, and have more blind areas which are difficult to spot.
When a pedestrian is injured in a car accident, they can be awarded damages for medical expenses or loss of earnings suffering and property damage. However, there are instances where the plaintiff is found to be partially accountable for the accident because of their own actions, like not stepping over to the left shoulder when a truck started to swerve, they will be awarded less compensation. This is why it is essential to retain an experienced and knowledgeable personal injury attorney to handle your case. Contact us today to get started.