11 Ways To Totally Block Your Truck Accident Law
Truck Accident Law
A lawyer who has knowledge of the field has a thorough understanding of the laws that govern truck drivers and trucking companies. They will seek out evidence, including maintenance records for trucking companies that could be used to provide evidence to support a claim of negligence.
A NYC truck accident lawyer can determine the responsible parties in your case and help you recover from your injuries.
1. Fatigued or injured driver
The simplest method to determine who is at fault in a collision between a truck and a passenger vehicle is to scrutinize the behavior of the driver. A truck accident attorney can use surveillance footage and witness testimony to determine which driver responsible.
A lot of places are equipped with surveillance cameras, including most interstates and interchanges, as well as certain gas stations, hotels restaurants, and other businesses. A skilled truck accident lawyer can use this evidence in order to identify potential defendants, particularly when the driver was unobservant or distracted at the time of the crash.
In cases of truck accidents, it is also possible that a driver was tired or injured at the time of the crash. The road logs of the drivers can reveal whether they had a sleepless night 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 may also be held responsible for the negligent actions of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, while reducing their sleep and rest times and thereby increasing their risk of being injured could have also contributed.
If a dangerous road resulted in an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who is well-versed can identify the agency responsible and then an expert in construction or maintenance who has experience to determine the causes of any dangerous conditions or other unsafe conditions, if applicable. An experienced attorney can identify multiple parties that may be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including brakes and tires, coupling systems and cargo restraints. These components were developed to withstand the rigors of use and must be properly maintained and repaired to prevent failure. If something goes wrong truckers may not be able to control their vehicle and this could lead to tragic or fatal accidents. The trucking company, the manufacturer, parts dealer, or repair shop can all be responsible for defective truck parts and equipment.
If an accident occurs as a result of a defective piece of equipment or part the person who was injured can seek compensation for both financial as well as non-economic losses. Economic damages could include medical expenses now and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering trauma to the brain emotional distress. In certain circumstances, punitive damages may be awarded to punish the defendant and prevent future negligent behavior.
Despite the best efforts of trucking companies and drivers, equipment issues are bound to happen. It is essential to identify the parties responsible in order to pursue compensation for the losses.
The highly experienced lawyers at Burch law firm will assist you if you have been involved in a truck crash. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will analyze the case, determine responsible parties, and fight for the compensation you're entitled to. We can help you obtain the compensation you deserve for medical bills, lost work wages, and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours per day seven days a week to answer your calls.
3. Unloading Cargo Incorrectly
The cargo that trucks transport on the road may appear simple enough, but there are strict rules that drivers and loaders must follow in terms of stacking and secure their loads. Any failure to comply with these guidelines can lead to serious problems. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading reasons for truck accidents.
Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or the road. This can be extremely dangerous because the cargo could create a risk or a problem on the road, and force other drivers to swerve. It could also fall onto pedestrians or cyclists riding bikes within the vicinity of the truck.
Depending on how the accident was triggered, several parties could be at fault. A driver who was negligent when loading his or cargo could be held liable under the legal theory of respondeat superior. The trucking company who employed the driver could also be held accountable in the sense that it is accountable for its employees' actions under the principle of vicarious accountability.
An experienced attorney for accidents involving trucks will use police reports as well as professional investigators to determine the root of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants they should submit a claim to compensation against. A successful claim may result in a settlement or verdict which gives victims the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers are obliged to keep their trucks in good working condition, and when they do not, it can lead to serious accidents. There are many mechanical parts in trucks that must be inspected and replaced to allow them to function correctly. If this isn't done, it can result in a dangerous, unsafe road.
Truck accidents can also be caused by hazardous weather and road conditions. hartford truck accident lawsuit to their size trucks are more prone to be involved in crashes during bad weather and on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration rules about the amount of hours they are permitted to drive each day. These regulations are designed to protect the public, but if truck drivers fail to follow them in order to meet deadlines, or to make more money from their employers, it puts 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 such as solid or broken lane lines that confuse drivers about what lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
If a truck crash occurs because of road conditions that are not safe, the trucking firm or government agency responsible to maintain that road may be held accountable. It is necessary to prove that the person in question violated their duty of care in creating hazardous conditions, and this can include negligent hiring or maintaining the vehicle, and drug testing. California law allows victims to claim damages for medical expenses as well as lost wages, suffering and loss of quality life.
5. Injury to a pedestrian
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or in their own backyards. The pedestrians aren't always protected from the weight and size of a truck and can be severely injured or killed.
In these instances, an attorney for personal injury may seek compensation from the person who caused the injury. In some cases, this may be as simple as suing the truck driver if they ran a red light and struck the pedestrian, but in other cases it could be the trucking company who allowed the trucker to work longer shifts than is permitted by law, did not perform proper maintenance on the vehicle, or even conducted an background check that would have found the existence of a history of dangerous driving habits.
Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. This type of accident is quite common in car accidents, but it can be fatal for truck drivers since they are higher and have greater blind zones that are difficult to see.
If a pedestrian gets injured in a collision with a truck, they can be awarded damages for medical expenses and loss of earnings, suffering and property damage. However, there are instances where the plaintiff is found to be partially accountable for the accident due to their own actions, for example, not moving over to the left shoulder when a truck began to swerve, they can have their compensation reduced accordingly. It is important to select a personal injury lawyer who is experienced and knowledgeable to take care of your case. Contact us now to get started.