Truck Accident Law Explained In Less Than 140 Characters
Truck Accident Law
A lawyer for truck accidents with knowledge of the field has a thorough understanding of the laws that govern truck drivers and trucking companies. They will look into and find evidence like maintenance records of the trucking company that could support a negligence claim.
A NYC truck accident lawyer can assist you in determining who is at fault for your incident and help you recover for your injuries.
1. Injured or fatigued Driver
If a car that is a passenger is involved in a collision with a truck the most straightforward way to determine liability is to look at the conduct of the driver and his manner. A truck accident lawyer can review surveillance footage and witness testimony to determine the driver who was responsible for the accident.
Many locations have surveillance cameras. This includes the majority of intersections, interchanges, hotels, gas stations and restaurants. A skilled truck accident lawyer can make use of this evidence to identify a potential defendant, particularly when the driver seemed unobservant or distracted when the accident occurred.
In the event of a truck accident the driver may be fatigued or injured at the time of the incident. The road logs of the drivers will reveal if they were sleeping too much or if they did not adhere to the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company could also be held accountable for negligent actions of their employees. santa maria truck wreck lawyer hiring or training method may have contributed to the accident, as could the policies that encourage drivers to stay on the road for as long as is possible by limiting their sleep and rest time and thereby increasing the chance of being involved in an accident.
Government agencies that are responsible for maintaining roads can also be held accountable if a road that is unsafe contributed to the accident. A skilled truck accident lawyer can identify the relevant agency and enlist a skilled maintenance or construction contractor to look into the cause of the dangerous condition, if applicable. A skilled attorney can identify multiple parties that may be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of faulty equipment. This includes brakes, tires and cargo restraints. These components were developed to withstand heavy use and should be maintained and repaired to prevent failure. When something goes wrong it can leave the driver of a truck unable to control the vehicle, and could cause fatal or serious collisions. Defective truck parts and equipment can be the fault of a variety of entities such as the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident occurred as a result of a malfunctioning part or piece of equipment, the injured person may seek damages for economic and noneconomic losses. Economic damages can include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages include pain and discomfort or traumatic brain injuries and emotional distress. In certain circumstances, punitive damages may also be available to punish the defendant in order to prevent similar wrongful acts from happening again in the future.
Despite the best efforts of trucking companies and their drivers issues are inevitable. If this happens, it is crucial to identify the responsible parties in order to seek compensation for your losses.
If you've been in a truck crash The experienced lawyers at Burch Law Firm are able to assist. Contact us today to set up a free consultation. Our lawyers will evaluate your case, identify the responsible parties, and fight to secure 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 mental suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day all week long to answer your phone.
3. Unproperly Loaded Cargo
The cargo that trucks carry on the road may seem simple enough, but there are strict guidelines that drivers and loaders must follow in terms of stacking and securing their loads. Failure to follow these guidelines could cause serious problems. In a recent study the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main causes of truck accidents.
A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or the roadway. This can be extremely dangerous because the cargo can cause a danger or obstruction on the road, and force motorists to swerve. It could also fall onto people who are walking or riding bikes within the vicinity of a truck.
Based on the manner in which the incident occurred, multiple parties may be responsible. A driver who was negligent when loading his cargo may be held responsible in the context of the legal theory respondeat superior. The trucking company employing that driver may also be liable, as it is responsible for the actions of its employees under the principle of vicarious accountability.
An experienced attorney for truck accidents will use police reports as well as professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can assist victims in determining the right defendants to bring a lawsuit against for compensation for their loss. A successful claim may result in a settlement or verdict which will give victims the financial assistance they require to recuperate.
4. Unsafe Road Conditions
Trucking companies, as as their drivers, have the responsibility of keeping their vehicles in good working order. In the absence of this, it could lead to serious accidents. To ensure that trucks operate correctly, mechanical parts are regularly checked and replaced. If this isn't done, it could lead to a dangerous and unsafe road.
The road and weather conditions can also cause truck crashes. Because of their size, trucks are more likely to be involved in a crash if they drive in bad weather conditions or on roads with a lot of water. In addition, truck drivers must follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These rules are intended to protect the public, but if truck drivers ignore them to meet deadlines or get more money from their employers, they put the public at risk.
Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other problems can include inadequate markings for lane lines, like broken or solid lines that confuse drivers about which lane they are in, or merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident happens due to road conditions that are poor, the trucking firm or government agency responsible to maintain that road could be held liable. The person responsible for causing the unsafe conditions has to be proven guilty of breaching its obligation of care. This could include negligent hiring or vehicle maintenance, as well as drug testing. Under California law, the victims may seek compensation for medical bills as well as lost income, suffering and loss of quality of life.
5. Injuries to pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along streets or within their own yards. The pedestrians aren't always protected from the weight and size of a truck and could be terribly injured or killed.
In these kinds of cases, a personal injury attorney will seek compensation from any person that was negligent. In some cases it could be as simple as suing the truck driver if they ran at a red light and hit the pedestrian, however in other instances, it could be the trucking company that allowed the trucker longer shifts than allowed by law, failed to perform proper maintenance on the vehicle, or conducted a background check that could have revealed the history of unsafe driving behavior.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. This type of accident is very common in car accidents, but it could be deadly for truck drivers due to the fact that they are higher and have a larger blind zone which are difficult to spot.
When a pedestrian is injured in a car accident and is injured, they may be awarded compensation for medical expenses and loss of earnings, pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partially at fault for the crash because of their own actions, such as not stepping over the left shoulder when a truck started to swerve or avert, they may have their compensation reduced accordingly. This is why it's important to hire a knowledgeable and experienced personal injury lawyer to manage your case. Contact us now to get started.