17 Reasons You Shouldn't Ignore Truck Accident Law
Truck Accident Law
A lawyer for truck accidents with expertise in the industry has a thorough understanding of the laws that govern truck drivers and trucking firms. They will search for and uncover evidence such as maintenance records of the trucking company that may prove negligence.
A NYC truck accident attorney can determine the negligent parties in your case, and assist you in recovering from your injuries.
1. Driver injured or fatigued
The most efficient method to determine who is at fault in a collision between two vehicles, a truck and a vehicle is to scrutinize the driver's behavior. An attorney for truck accidents can use surveillance footage and witness testimony to determine the driver who is at fault.
A lot of places are equipped with surveillance cameras, including most intersections and interchanges as well some gas stations, hotels restaurants, and other establishments. A skilled lawyer for truck accidents can make use of this evidence to identify potential defendants, especially when the driver seemed unobservant or distracted during the time of the accident.
In truck accidents, the driver may have been fatigued or injured at the time of the incident. A thorough investigation of the logs from the driver will reveal if they spent too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and require sufficient rest breaks.
The trucking company may also be held accountable for negligence of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their rest and sleep times and thereby increasing their risk of being injured, may also have contributed.
The government agencies that maintain roads can also be held accountable if a dangerous road contributed to the accident. A knowledgeable lawyer for truck accidents can identify the appropriate agency and enlist a skilled construction or maintenance contractor to examine the root of the dangerous condition in the event that it is applicable. An experienced attorney can identify multiple parties that may be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, like brakes, tires, coupling systems and cargo restraints. These items were designed to withstand heavy usage and should be maintained and repaired to prevent failure. When something goes wrong a trucker may be unable to control their vehicle, and this can lead to tragic or fatal accidents. The trucking company, the manufacturer, parts dealer or repair shop may be held accountable for the defective truck parts and equipment.
If an accident took place because of a defect in a component or piece of equipment, the injured party could seek damages for both economic and non-economic losses. Economic damages may include medical costs both now and in the future, lost income and the loss of earning potential. Noneconomic damages can include pain and discomfort as well as brain injuries that are traumatic, and emotional distress. In certain instances, punitive damages can be awarded to punish the defendant and to prevent future negligence.
Even with the best efforts of trucking companies and drivers equipment issues are bound to happen. It is crucial to identify the parties responsible in order to seek compensation for the losses.
If you've been injured in a truck crash the skilled attorneys at the Burch Law Firm can assist. Contact us today to set up a free consultation. troy truck wreck lawyer will examine the case, find responsible parties and fight for the compensation you're due. We can assist you in recovering compensation for medical bills or lost wages from work as well as physical and mental suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls all day and seven days a semaine.
3. Improperly loaded Cargo
The cargo trucks carry on the road may appear easy enough, but there are strict rules that drivers and loaders must adhere to when stacking and securing their loads. Failure to adhere to these guidelines can cause serious problems. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the most common reasons for truck accidents.
Most of these truck accidents result from cargo falling from the vehicle onto roads or other vehicles. This can be extremely dangerous because the cargo could cause a danger or obstruction on the road, and force drivers to turn around. It could also fall on pedestrians who are walking or riding a bicycle near the truck.
Depending on the circumstances of the accident, there may be a variety of parties responsible. A driver who was negligent while loading his or cargo could be held accountable under the legal theory respondeat superior. However the trucking company that employs the driver could be also liable because it is liable for the actions of its employees according to the principle of vicarious liability.
In cases in which accidents occur due to improperly loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who is at fault. An attorney from Cordisco and Saile LLC may help victims identify the right defendants to bring a lawsuit against for compensation for their loss. A successful claim could result in a settlement or a verdict that gives victims the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies, as the drivers they employ, bear the obligation of keeping their trucks in a good working order. In the absence of this, it can lead to serious accidents. Trucks often have mechanical parts that must be inspected and replaced in order for they to function properly. When this doesn't happen the result is a dangerous and unsafe roadway.
Truck crashes can also be caused by dangerous weather or road conditions. Due to their huge size, trucks are much more likely to be involved in crashes when they drive in adverse weather conditions or on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration rules about the number of hours they can drive per day. These regulations are designed to safeguard the public. However truckers disregard these rules in order to meet deadlines, or to make more money from employers, they are putting the public at risk.
Unsafe road conditions may 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, and merging ramps that are too narrow 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 that has the responsibility to maintain that road could be held liable. The person who caused the dangerous conditions must be proven to have violated its duty of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. In accordance with California law, victims are able to get compensation for medical expenses or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians on the streets or even in their yards. The majority of pedestrians are not protected from the size and weight of a large truck, and could suffer severe or even fatal injuries from these kinds of crashes.
In these types of cases the personal injury attorney will seek compensation from the party who was negligent. In some instances the party who was negligent could be the driver of the truck who ran a red flag and struck a pedestrian. However, in other cases, it could be a trucking firm which allowed the trucker work longer than the law allows, or failed to maintain the vehicle properly.
Accidents involving pedestrians and trucks tend to be caused by the driver's lack of attention or apathy. While this type of incident is normal in any car accident, it can be more fatal due to the fact that truck drivers tend to be higher in their cabs and have more blind areas which are difficult to spot.
A pedestrian who is injured in a car crash may receive 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 at fault for the crash due to their own actions, like not stepping over the left shoulder when a truck started to swerve, they will have their compensation reduced accordingly. This is why it is crucial that you retain a knowledgeable and experienced personal injury attorney to handle your case. Contact us today to begin.