10 Things Everybody Hates About Truck Accident Law
Truck Accident Law
A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws applicable to truck drivers and trucking companies. They will conduct an investigation and discover evidence, such as maintenance records of the trucking company that may prove negligence.
A NYC truck accident lawyer can assist you in determining who's at fault in your case and help you recover for your injuries.
1. Fatigued or injured driver
The simplest 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 attorney can make use of surveillance footage and witness testimony to determine which driver at fault.
A lot of places have surveillance cameras. This includes many intersections interchanges, hotels gas stations, restaurants and hotels. This evidence can be used by a truck crash lawyer to identify a possible defendant, especially if the driver was distracted or unobservant at the time of the incident.
In the event of a truck accident the driver might be injured or fatigued at the time of the accident. The road logs of drivers could reveal if they had a sleepless night or did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company could also be held accountable for the negligence of their employees. A improper hiring or training procedure could have contributed to this accident, as can policies that encourage drivers to drive for as long as they can while limiting their rest and sleep time and thereby increasing the chance of being involved in an accident.
Government agencies responsible for maintaining roads can also be held accountable if a dangerous road caused the accident. A knowledgeable lawyer for truck accidents can identify the responsible agency and enlist a skilled construction or maintenance contractor to determine the cause of the unsafe condition in the event that it is applicable. An experienced attorney can identify various parties who could be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur as a result of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand the rigors of use and should be maintained and repaired to avoid failure. If something goes wrong, it can leave the driver of a truck unable to control the vehicle, and could result in serious or fatal collisions. The trucking company, manufacturer, parts dealer, or repair shop may all be held accountable for malfunctioning truck parts and equipment.
If an accident took place because of a malfunctioning part or piece of equipment, the injured party could seek compensation for economic and non-economic losses. Economic damages may include medical costs at present and in the future, lost income and loss of earning potential. Noneconomic damages include pain and discomfort as well as brain injuries that are traumatic, and emotional anxiety. In certain instances punitive damages could be available to punish the defendant to prevent similar negligence from happening in the future.
Despite the best efforts of trucking companies and their drivers issues are inevitable. It is essential to identify the parties responsible in order to seek compensation for your losses.
If you've been in a truck collision the skilled attorneys at Burch Law Firm can help. Contact us today for an appointment for a no-cost consultation. Our lawyers will evaluate your case, identify liable parties and fight for the compensation that you deserve. We can assist you in recovering the compensation you deserve for medical bills, lost work wages, and physical and emotional pain. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours a day and 7 days a week to answer your calls.
3. Improperly Loaded Cargo
The cargo trucks transport on the road might seem easy enough, however there are strict rules that loaders and drivers must adhere to when stacking and securing their loads. Failure to follow these guidelines can lead to serious issues. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most common causes of truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly risky due to the fact that the cargo may create an obstruction or create a risk on the road, forcing other drivers to swerve or crash into it. It may also fall on people who are walking or riding a bicycle near the truck.
Depending on the way in which the accident was triggered, several parties could be at fault. A driver who was negligent in loading his or cargo could be held accountable under the legal theory of respondeat superior. The trucking company who employed the driver may also be liable, as it is responsible for the actions of its employees under the principle vicarious responsibility.
An experienced attorney for truck accidents can make use of police reports and professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can help victims determine the appropriate defendants to bring a lawsuit against for compensation for their loss. A successful claim could result in a settlement or verdict that 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 trucks in good condition, and when they do not they could cause serious accidents. Trucks are often equipped with mechanical parts that must be inspected and replaced to allow them to work correctly. If this isn't done the result is an unsafe and hazardous road.
Truck crashes can also be caused by hazardous weather and road conditions. Because of their size truck's size, they are more likely to be involved in accidents during stormy conditions and on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the hours they are allowed to drive in a day. These rules are intended to protect the public. However truckers who ignore these rules in order to meet deadlines, or to get more money from employers, they place the public at risk.
Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include poor markings for lane lines, such as solid or broken lines of lane that confuse drivers about which 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 poor roadway conditions the trucking company or government agency responsible for maintaining that road may be held liable for the accident. The person who caused the dangerous conditions needs to be proven guilty of breaching its duty of care. This could include negligent hiring or maintenance of the vehicle, as well as testing for drugs. lubbock truck accident lawsuit permits victims to seek damages for medical expenses or lost wages, pain and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents pose danger to pedestrians who walk along roads or even in their yards. Most pedestrians don't have protection from the massive size and weight of a large truck, and can suffer catastrophic or even fatal injuries from these kinds of crashes.
In these cases an attorney for personal injury will seek to recover compensation from the party who was negligent. In some instances it could be as straightforward as the truck driver who ran a red light and struck the pedestrian, however in other cases it could be the trucking company that permitted the trucker to work longer hours than permitted by law, failed to conduct proper maintenance on the vehicle, or conducted an background check that would have found the existence of a history of dangerous driving habits.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. This kind of accident is very common in car accidents, but it can be fatal for truck drivers as they are higher and have greater blind zones that are difficult to see.
A pedestrian injured in a collision with a truck may be awarded compensation for medical expenses loss of earnings, discomfort and pain, and property damage. However, in some cases where the plaintiff is found to be partially responsible for the crash due to their own actions, like not moving over to the left shoulder when a truck began to swerve, they will receive compensation that is reduced. This is why it is important to hire a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us today to get started.