Truck Accident Law: What No One Is Discussing
Truck Accident Law
A competent truck accident lawyer has in-depth knowledge of the trucking industry, encompassing the specific laws that apply to truck drivers and trucking companies. They will conduct an investigation to find evidence, like maintenance records of a trucking company, that may support a claim of negligence.
A NYC truck accident lawyer can assist you in determining who's at fault for your incident and help you recover for your injuries.
1. Driver injured or fatigued
The most effective method of determining who is at fault in a collision between a truck and a passenger car is to look at the driver's behavior. fayetteville truck accident law firm for truck accidents can examine the footage of surveillance and witness testimony to determine which driver was at fault.
Many locations have surveillance cameras. This includes most intersections, hotels, interchanges gas stations, restaurants, and hotels. A skilled truck accident lawyer could use this evidence to identify a potential defendant, particularly when the driver seemed unobservant or distracted when the accident occurred.
In the event of a truck accident, it is also possible that a driver was tired or injured during the time of the accident. A thorough investigation of the logs from the driver can reveal whether they slept too long without sleep or did not follow Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand adequate rest breaks.
The trucking company may also be held accountable for negligent actions of their employees. A negligent hiring or training method could have contributed to the accident, as can policies that encourage drivers to drive for as long as is possible while limiting their rest and sleep time, and increasing their chance of being involved in an accident.
The government agencies responsible for maintaining roads may also be accountable if a dangerous road caused the accident. A truck accident lawyer who is experienced can determine the agency responsible and engage a construction or maintenance contractor with experience to look into the root cause of any hazardous conditions, if applicable. A skilled attorney can determine the various parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were created to withstand heavy use and should be maintained and repaired to prevent failure. When something goes wrong truckers may not be able to control their vehicle and it could cause tragic or fatal accidents. Incorrect truck parts and equipment could be the fault of a variety of entities that include the trucking firm or the manufacturer, as well as the repair or parts dealer shop.
If an accident took place because of a defect in a component or piece of equipment, the injured person may seek damages for economic and noneconomic losses. Economic damages can include future and present medical expenses lost income, loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries and emotional distress. In some cases punitive damages can be awarded to punish the defendant and prevent future negligent behavior.
Despite the best efforts by trucking companies and drivers, equipment issues are inevitable. It is crucial to determine the parties accountable in order to pursue compensation for your loss.
If you've been injured in a truck collision the skilled attorneys at the Burch Law Firm can help. Contact us today for a complimentary consultation. Our lawyers will analyze your case, identify the responsible parties, and fight to secure the compensation you are entitled to. We can help you obtain compensation for medical expenses and lost wages at work and physical and emotional pain. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours a day, 7 days a weeks to answer your calls.
3. Unproperly Loaded Cargo
The cargo trucks carry on the roads may seem simple enough, but there are strict regulations that loaders and drivers must adhere to when stacking and secure their loads. Infractions to these guidelines can lead to serious problems. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the leading causes of truck accidents.
A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This is especially dangerous since the cargo may create a risk or a problem on the road, and force other drivers to swerve. It may also fall onto pedestrians or riders on a bike in the vicinity of the truck.
Based on the circumstances of the incident, there could be multiple parties at fault. A driver who was negligent while loading his or her cargo might be held liable according to the legal doctrine of respondeat superior. The trucking company that employed that driver could also be held accountable for the negligence of its employees, since 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 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 who they should file a claim for compensation against. A successful claim can result in a verdict or settlement that will provide victims with the money they require to recover.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their vehicles in good condition. If they fail to do so they could cause serious accidents. There are many mechanical parts in trucks that require to be examined and replaced to allow them to function correctly. If this isn't done, it could lead to a dangerous and unsafe road.
Truck accidents can also be caused by dangerous weather and road conditions. Because of their size truck's size, they are more likely to be involved in crashes during bad conditions and on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they are permitted to drive each day. These rules are designed to protect the public, but when truck drivers fail to follow them to meet deadlines or make more money from their employers, it puts the public in danger.
Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues include insufficient lane markings, such as broken or solid lines that confuse the driver about which lane they are in, or merging ramps that are too narrow for large vehicles to safely change lanes.
If a truck crash occurs due to road conditions that are poor, the trucking firm or government agency accountable to maintain the road could be held liable. The person responsible for causing the hazardous conditions must be proven to have breached its duty of care. This could include negligent hiring or maintenance of the vehicle, as well as testing for drugs. California law allows victims to seek damages for medical expenses as well as lost wages, suffering and loss of quality life.
5. Accidents involving pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along streets or in their yards. People walking on foot are not always protected from the weight and size of a truck, and may suffer catastrophic or fatal injuries.
In these situations an attorney for personal injury will seek compensation from the responsible party. In some cases it could be as simple as suing the truck driver if they ran a red light and struck the pedestrian, however in others, it could be the trucking company who permitted the trucker to work longer shifts than required by law, did not take care of the vehicle, or conducted an examination of their background which would have revealed the existence of a history of dangerous driving habits.
Distraction or inattention are the most common causes of accidents involving trucks and pedestrians. While this type of incident is not uncommon in any car accident, it can be more deadly due to the fact that truck drivers are generally higher up in their cabs. They also have bigger blind spots that are difficult to discern.
If a pedestrian is injured in a car accident, they can be awarded damages for medical bills, loss of earnings, suffering and property damage. In certain cases, the plaintiff is determined 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 began to slow down) their compensation could be reduced according to. This is why it's essential to retain an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us today to get started.