Five People You Need To Know In The Truck Accident Law Industry
Truck Accident Law
A lawyer who has expertise in the industry has a deep understanding of the laws which govern truck drivers and trucking firms. They will search for and uncover evidence such as maintenance records of the trucking company that could support a negligence claim.
A NYC truck accident lawyer can assist you in determining who is the fault in your situation and help you recover for your injuries.
1. Injured or fatigued Driver
When a vehicle driven by a person encounters a truck, the most effective method to determine the liability is to review the driver's actions and demeanor. A truck accident lawyer can look over the footage of surveillance and witness testimony to determine who was at fault.
Many places are equipped surveillance cameras, such as most intersections and interchanges as well some hotels, gas stations, restaurants, and other establishments. A skilled truck accident lawyer can use this evidence to identify a potential defendant, particularly if the driver seemed inattentive or distracted at the time of the crash.
In the event of a truck crash, it could be that the driver was tired or injured during the time of the crash. A thorough analysis of the driver's logs will reveal if they slept too long without sleep or failed to follow Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and demand regular rest breaks.
The trucking company could also be held accountable for negligent actions of their employees. A negligent hiring or training practice could have contributed to this accident, and so could policies that encourage drivers to drive for as long as possible, which can result in a reduction in sleep and rest time and thereby increasing the risk of an accident.
If a road with a danger factor resulted in an accident, the government agency responsible for maintaining it can be held accountable. A truck accident lawyer who is well-versed can identify the responsible agency and then hire a construction or maintenance contractor who is experienced to investigate the root of any unsafe conditions, if applicable. An experienced attorney can identify multiple parties that may be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents occur as a result of faulty equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand a lot of wear and tear and must be properly maintained and repaired to prevent failure. When something goes wrong it could leave a truck driver unable to control the vehicle and may result in fatal or serious collisions. The trucking company, manufacturer of parts, the parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
If an accident happened because of a malfunctioning part or piece of equipment, the person injured could seek compensation for economic and noneconomic damages. Economic damages can include medical expenses today and in the near future, lost income and loss of earning potential. Noneconomic damages include pain and discomfort and brain injuries that cause trauma and emotional distress. In certain cases, punitive damages may be awarded to penalize the defendant and prevent future mistakes.
Despite st george truck accident attorney of trucking companies and their drivers, some equipment problems will arise. When this happens, it's crucial to identify the responsible parties so that you can claim compensation for your losses.
The highly skilled attorneys at the Burch law firm can help you if you have been involved in a car accident. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will go over the case, identify the responsible parties, and fight to get the compensation you deserve. We can help you get the amount you need to pay for medical bills as well as lost wages and emotional or physical suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are on hand to answer your calls all day 7 days a week.
3. Unloading Cargo Improperly
The cargo that trucks transport on the road might seem simple enough, but there are strict guidelines that loaders and drivers must follow in terms of stacking and secure their loads. Any failure to comply with these guidelines could lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
Many of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This is particularly risky since the cargo may create a risk or a problem on the road and cause other drivers to slow down. It could also fall on people walking or riding bikes within the vicinity of trucks.
Based on the circumstances of the incident, there could be a variety of parties responsible. A driver who was negligent when loading his or her cargo could be held accountable under the legal theory of respondeat superior. However, the trucking company that employs that driver might be held accountable, too, because it is responsible for the actions of its employees under the principle of vicarious liability.
In the event that an accident happened because of unsafely loaded or secured cargo, a skilled truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was at fault. A Cordisco and SAIL LLC attorney can assist victims in determining the defendants they should file a claim for compensation against. A successful claim may result in a settlement or verdict which gives victims the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
Companies that operate trucks, as well their drivers, share the responsibility of keeping their vehicles in good working condition. Failure to do this can result in serious accidents. To ensure that the trucks are operating correctly, mechanical parts are regularly checked and replaced. If this doesn't happen the result is dangerous and unsafe roads.
Accidents involving trucks can also be caused by dangerous weather or road conditions. Due to their massive dimensions, trucks are more likely to be involved in a crash if they are driving in bad conditions or on roads that are wet. In addition truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive per day. These rules are designed to protect the public, but if truck drivers do not follow them to meet deadlines or get more money from their employers, they put the public in danger.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient markings for lane, such as broken or solid lines that confuse drivers on which lane they're in, and merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a car accident occurs because of poor road conditions the trucking company or the government agency that is responsible to maintain the road could be held responsible. It is crucial to prove that the person in question violated their duty of care by creating dangerous conditions. This can be a result of negligent hiring, maintenance of the vehicle, or drug screenings. California law allows victims to claim damages for medical bills, lost wages, suffering and loss of quality life.
5. Injuries to pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their own backyards. People who walk on foot are usually not protected from the size and the weight of a truck and could suffer severe or even fatal injuries from these kinds of crashes.
In these cases an attorney for personal injury can seek compensation from the person who caused the injury. In some cases it could be as simple as suing the truck driver who ran a red light and struck the pedestrian, but in other cases, it could be the trucking company who permitted the trucker to work longer hours than permitted by law, failed to perform proper maintenance on the vehicle, or even conducted an investigation into the background of the driver that could have revealed the history of unsafe driving habits.
Distraction or inattention are among the most common causes of accidents involving pedestrians and trucks. Although this type of incident is common with any car accident, it may be more deadly due to the fact that truck drivers are generally higher up in their cabs and have bigger blind spots that are difficult to discern.
A pedestrian injured in a car crash may receive compensation for medical expenses loss of earnings, discomfort and pain, and property damage. In certain cases, the plaintiff is found to be partially at fault for the incident because of their own actions (such as not turning over to the left side when the truck started to accelerate) the amount they receive will be reduced according to. This is why it is crucial that you retain a knowledgeable and experienced personal injury lawyer to manage your case. Contact us now to begin.