15 Lessons Your Boss Wants You To Know About Truck Accident Law You Knew About Truck Accident Law
Truck Accident Law
A reputable lawyer for truck accidents is knowledgeable about the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will search for and uncover evidence, such as maintenance records of the trucking company which could provide evidence for a negligence claim.
A NYC truck accident lawyer will determine the responsible parties in your case and assist you in recovering from your injuries.
1. Fatigued or injured driver
When a vehicle driven by a person is involved in a collision with a truck the easiest method of determining the extent of liability is to look at the driver's actions and mannerisms. A truck accident attorney can utilize surveillance footage and witness testimony to determine which driver responsible.
Many places have surveillance cameras. This includes most intersections, hotels, interchanges gas stations and restaurants. A skilled truck accident lawyer can make use of this evidence to identify a potential defendant, particularly when the driver appeared unfocused or distracted when the accident occurred.
In the event of a truck crash it is also possible that a driver was tired or injured at the time of the accident. The road logs of drivers will reveal if they were sleeping too much or did not follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company may also be held responsible for the negligent actions of their employee. A negligent hiring or training process could have contributed to this accident, as can policies that encourage drivers to remain on the road for as long as is possible, minimizing their rest and sleep time and increasing their risk of an accident.
The government agencies responsible for maintaining roads can also be held liable if a hazardous roadway caused the accident. A seasoned truck accident lawyer can identify the relevant agency and enlist a skilled maintenance or construction contractor to examine the root of the dangerous condition in the event that it is applicable. An experienced attorney can determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of faulty equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to endure rigorous use and should be examined and maintained 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, the manufacturer, parts dealer, or repair shop may be held accountable for the defective truck parts and equipment.
If an accident occurs because of a defective piece of equipment or a component the injured party may seek damages for both economic and non-economic losses. Economic damages can include the current and future medical costs lost income, loss of earning capacity. Noneconomic damages could include discomfort and pain, traumatic brain injuries, and emotional anxiety. In certain circumstances, punitive damages may be given to punish the defendant and stop future mistakes.
Despite the best efforts of trucking companies and their drivers, a few equipment problems are inevitable. It is crucial to identify the responsible parties in order to pursue compensation for your losses.
The highly experienced lawyers at Burch law firm are able to assist those who have been involved in a truck crash. Contact us today to set up an appointment at no cost. Our lawyers will examine your case, determine liable parties and fight to get the compensation you deserve. We can assist you in recovering the compensation you deserve for medical bills and lost wages at work and physical and emotional pain. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours per day, 7 days a weeks to take your call.
3. Unloading Cargo Unsafely
Loaders and drivers of trucks must adhere to strict guidelines in stacking and securing cargo they transport on the road. Failure to follow these guidelines could lead to serious issues. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the most common causes of truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto other vehicles or roadways. This is particularly risky since the cargo may create a hazard or obstacle on the road and force drivers to turn around. It could also fall onto pedestrians or riders on a bike in the vicinity of trucks.
Based on the manner in which the incident took place, a variety of parties could be responsible. If a driver was negligent while loading their cargo, for instance the driver could be held liable according to the legal theory of 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.
An experienced truck accident attorney can use police reports and professional investigators to determine the root of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney will assist victims to determine the defendants they should pursue a claim for compensation against. A successful claim may result in a settlement or verdict that gives victims the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies, as well as their drivers, have a responsibility to maintain their vehicles in good working condition. In the absence of this, it can lead to serious accidents. To ensure that trucks function correctly, mechanical components are often inspected and replaced. If this isn't the case the result is an unsafe and hazardous road.
The road and weather conditions can cause truck accidents too. Because of their size, trucks are much more likely to be involved in a crash when they drive in adverse conditions or on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration regulations regarding the number of hours they are allowed to drive in a day. These regulations are designed to protect the public, but when truck drivers do not follow them to meet deadlines or to make more money from their employers, it puts the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient lane markings like broken or solid lane lines that cause confusion for drivers about what lane they're in and merging lane ramps that are too small for large vehicles to safely switch lanes.
If indianapolis truck accident lawsuit occurs because of road conditions that are poor the trucking company or government agency responsible for maintaining the road may be held liable for the occurrence. The party responsible for creating the dangerous conditions must be proven guilty of violating its obligation of care. This could be due to negligent hiring or vehicle maintenance, as well as drug testing. California law permits victims to claim damages for medical expenses and lost wages, as well as suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be dangerous for pedestrians on the streets or even in their yards. Most pedestrians don't have protection from the size and the weight of a truck and can suffer catastrophic, often fatal injuries from such crashes.
In these situations an attorney who is able to handle personal injury will seek to recover compensation from the person who caused the injury. In some instances, the negligent party may be the truck driver who crossed a red light and struck a pedestrian. However, in other cases, it could be a trucking business which allowed the trucker work longer than what is permitted by law or failed to maintain the vehicle properly.
Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. This type of accident is common in car accidents, but it could be deadly for truck drivers since they are higher and have larger blind zones which are difficult to perceive.
A pedestrian who is injured in a crash with a truck can receive damages for medical expenses as well as lost earnings, discomfort and pain, and property damage. However, there are instances where the plaintiff is found to be partly at fault for the crash because of their own actions, like not moving over to the left shoulder when a truck started to swerve or avert, they may be awarded a lower amount of compensation. This is why it is vital to choose a knowledgeable and experienced personal injury attorney to handle your case. Contact us now to begin.