Truck Accident Law
A competent truck accident lawyer has a deep understanding of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will look into evidence, including maintenance records for trucking companies which could be used to prove negligence.
A NYC truck accident lawyer can identify the parties who are negligent in your case and help you recover from your injuries.
1. Injured or fatigued Driver
When a vehicle driven by a person encounters a truck, the most efficient method to determine the liability is to scrutinize the driver's actions and mannerisms. A truck accident lawyer can utilize surveillance footage and testimony from witnesses to determine the driver at fault.
There are many places with surveillance cameras. This includes the majority of intersections, interchanges, hotels gas stations, restaurants, and hotels. A skilled truck accident lawyer could use this evidence to identify a potential defendant, particularly if the driver seemed inattentive or distracted during the time of the accident.
In truck accidents the driver could be fatigued or injured at the time. The road logs of drivers can reveal whether they were sleeping too much 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 be held accountable for negligent acts of their employee. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, reducing their sleep and rest times and increasing their risk of accident, may also have contributed.
If a road with a danger factor contributed to an accident, the government agency accountable for maintaining it may be held responsible. A skilled truck accident lawyer can identify the relevant agency and hire an experienced construction or maintenance contractor to determine the cause of the unsafe road in the event that it is applicable. A knowledgeable attorney can identify several parties that could be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and must be properly checked and maintained to prevent failure. When something goes wrong a trucker may be unable to control their vehicle and this could result in tragic or fatal accidents. The problem with defective truck parts and equipment can be the fault of several entities which include the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident happens because of a malfunctioning piece of equipment or part, the injured party can seek damages for both economic as well as non-economic losses. Economic damages are a combination of the current and future medical costs, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic and emotional distress. In certain circumstances, punitive damages may be awarded to penalize the defendant and prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers, certain equipment issues will always arise. It is important to identify the responsible parties in order to seek compensation for the losses.
The highly skilled attorneys at the Burch law firm can help you if you have been involved in a collision with a truck. Contact rochester truck accident lawyer for an appointment for a no-cost consultation. Our lawyers will review the case, find responsible parties and fight for the compensation you're entitled to. We can assist you in obtaining the amount you need to pay for medical bills loss of wages, physical or emotional pain. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours a days and 7 days a week to answer your calls.
3. Unloading Cargo in a way that isn't safe
Drivers and loaders of trucks must follow strict guidelines when it comes to stacking and securing the cargo they transport on the roads. 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 most common causes of truck accidents.
The majority of these truck accidents are caused by cargo falling from the vehicle onto roads or other vehicles. This is particularly risky because the cargo can cause a danger or an obstacle on the road, and force motorists to swerve. It could also fall on people who are walking or riding a bike in the vicinity of the truck.
Based on the circumstances of the accident, there may be multiple parties to blame. A driver who was negligent in loading his or her cargo might be held accountable according to the legal doctrine of respondeat superior. However, the trucking company that employs that driver might be equally liable, because it is responsible for the actions of its employees according to the principle of vicarious liability.
An experienced truck accident attorney can utilize police reports and professional investigators to determine the cause of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to bring a lawsuit against for compensation for their losses. A successful claim may result in a settlement or verdict which gives victims the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
Companies that operate trucks, as well as their drivers, have the obligation of keeping their trucks in a good working condition. Failure to do so can result in serious accidents. Trucks often have mechanical parts that must be inspected and replaced to allow they to function properly. If this isn't done, it can result in a dangerous, unsafe road.
Truck crashes can also be caused by hazardous weather and road conditions. Due to their size, trucks are more likely to crash in stormy conditions and on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the amount of time they can drive per day. These regulations are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or get more money from their employers, they put the public in danger.
Unsafe road conditions could include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues include poor lane markings like broken or solid lane lines that make drivers confused about which lane they're in, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
If a car accident occurs because of poor road conditions, the trucking firm or the government agency that is responsible to maintain that road may be held accountable. The person who caused the hazardous conditions must be proven to have violated its obligation of care. This could include negligent hiring, vehicle maintenance, and drug testing. California law permits victims to recover damages for medical expenses and lost wages, as well as suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians on the streets or even in their yards. People who walk on foot are usually not protected from the massive size and the weight of a truck and could suffer severe and often fatal injuries in these kinds of accidents.
In these types of situations the personal injury attorney will pursue compensation from any party that was negligent. In some cases, this may be as easy as the truck driver if they ran a red light and struck the pedestrian, however in others, it could be the trucking company who allowed the trucker longer hours than permitted by law, or failed to take care of the vehicle, or even conducted an background check which would have revealed an occurrence of unsafe driving behavior.
Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. This kind of accident happens frequently in car accidents, but it can be fatal for truck drivers due to the fact that they are higher and have greater blind zones which are difficult to perceive.
A pedestrian who is injured in a crash with a truck can receive damages for medical expenses loss of earnings, discomfort and pain, and property damage. In some cases, if the plaintiff is determined to be partially responsible for the accident due to their own actions (such as not moving over to the left side when the truck began to accelerate) the amount they receive will be reduced according to. This is why it is vital to choose an experienced and knowledgeable personal injury lawyer to manage your case. Contact us now to get started.