Truck Accident Law Explained In Less Than 140 Characters
Truck Accident Law
A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. They will conduct an investigation to find evidence, including maintenance records of a trucking company, that may justify a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's at fault for your incident and help you recover your injuries.
1. Fatigued or injured driver
When a passenger vehicle collides with a truck the most efficient way to determine who is at fault is to review the manner of driving and behavior. A lawyer for truck accidents can review the footage of surveillance and witness testimony to pinpoint the driver who was responsible for the accident.
A lot of places are equipped with surveillance cameras, including most interstates and interchanges, as well like certain gas stations, hotels, restaurants, and other establishments. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if the driver seemed distracted or unfocused at the time of the incident.
In truck accidents, the driver may have been injured or fatigued at the time of the accident. The road logs of drivers will reveal if they slept insufficiently 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 can also be held liable for the negligence of their employees. A negligent hiring or training practice could have contributed to this accident, and so could policies that encourage drivers to remain on the road for as long as they can while limiting their sleep and rest time and increasing their chance of being involved in an accident.
If a road that is dangerous resulted in an accident, the government agency that is responsible for maintaining it could be held responsible. A truck accident lawyer who is knowledgeable will identify the person responsible and engage an expert in construction or maintenance with experience to look into the root cause of any hazardous conditions in the event of a case. A skilled attorney can identify the multiple parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand heavy use and must be properly maintained and repaired to prevent failure. When something goes wrong, the trucker might not be able to control their vehicle, and this can lead to tragic or fatal accidents. The problem with defective truck parts and equipment may be the responsibility of a number of entities, including the trucking company as well as the manufacturer and the parts dealer or repair shop.
If an accident occurred as a result of a defect in a component or piece of equipment, the injured person could pursue damages for economic and noneconomic losses. Economic damages may include medical costs today and in the near future, lost income and loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress. In certain cases punitive damages can be available to punish the defendant to stop similar mistakes from happening in the future.
Despite the best efforts by trucking companies and drivers equipment issues are inevitable. It is essential to identify the responsible parties in order to seek compensation for the losses.
The highly skilled attorneys at the Burch law firm will assist you if you have been in a truck accident. Contact us today to set up an initial consultation for free. Our lawyers will analyze your case, identify liable parties, and fight to secure the compensation you're entitled to. We can help you obtain compensation for medical bills, lost work wages, as well as physical and mental suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day and 7 days a week to take your call.
3. Unloading Cargo Unsafely
Drivers and loaders of trucks must adhere to strict guidelines when it comes to stacking and securing cargo they transport on the road. If they don't follow these guidelines, it can cause serious problems. 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 these truck accidents are caused by cargo falling from the vehicle onto other vehicles or roads. This is particularly dangerous since the cargo could cause an obstacle or cause a danger to the road, causing motorists to swerve or to crash into it. It could also fall on people walking or riding bikes within the vicinity of a truck.
Depending on oakland truck wreck lawyer in which the accident occurred, a number of parties could be at fault. A driver who was negligent in loading his cargo may be held responsible in the context of the legal theory respondeat superior. However the trucking company which employs the driver could be held accountable, too, since it is accountable for the actions of its employees according to the principle of vicarious liability.
In instances where accidents occur due to unsafely loaded or secured cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who is at fault. A Cordisco and SAIL LLC lawyer will assist victims to determine which defendants they should file a claim for compensation against. A successful claim could result in a settlement or a verdict which gives victims the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies have a duty to keep their vehicles in good condition. If they fail to follow this it could result in serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced in order for them to function properly. If this is not done, it can cause a dangerous and unsafe road.
Truck crashes can also be caused by dangerous weather or road conditions. Due to their massive size, trucks are much more likely to be involved in a crash when they drive in adverse conditions or on roads that are wet. Additionally truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can travel each day. These rules are intended to protect the public. However truckers who do not follow them in order to meet deadlines, or to earn more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include poor markings for lane lines, such as broken or solid lane lines that make drivers confused about the lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
If a truck accident occurs due to poor road conditions the trucking company or government agency responsible to maintain the road may be held accountable. It is imperative to prove that the party in question violated their duty of care by creating dangerous conditions. This could include negligent hiring or maintaining the vehicle, or drug tests. California law allows victims to recover damages for medical bills and lost wages, as well as suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or in their own yards. People walking on foot are not always protected from the weight and size of a truck and could be severely injured or killed.
In these cases an attorney who is able to handle personal injury will seek to recover compensation from the responsible party. In some instances it could be as simple as the truck driver who ran through a red light, and then struck the pedestrian, however in other instances it could be the trucking company who allowed the trucker to work longer shifts than is permitted by law, or failed to take care of the vehicle, or even conducted an examination of their background that could have revealed the history of unsafe driving habits.
Distraction or inattention are two of the most common causes of accidents involving trucks and pedestrians. This type of accident is common in car accidents, but it could be fatal for truck drivers because they are higher in the air and have larger blind zones which are difficult to spot.
If a pedestrian gets injured in a collision with a truck it is possible to be awarded damages for medical bills, loss of earnings, pain and suffering, and property damage. In certain cases, the plaintiff is found partially at fault for the accident because of their own actions (such as not moving over to the left side when the truck began to turn) the amount they receive will be reduced in proportion. This is why it is important to hire an experienced and knowledgeable personal injury attorney to handle your case. Contact us now to get started.