17 Reasons Why You Should Not Ignore Truck Accident Law
Truck Accident Law
A lawyer for truck accidents with expertise in the field has a thorough understanding of the laws that govern truck drivers and trucking firms. They will investigate to uncover evidence, like trucking company maintenance records, that may support a claim of negligence.
A NYC truck accident attorney can determine the negligent parties in your case and help you recover from your injuries.
1. Fatigued or injured driver
The simplest method to determine who is at fault in a collision between a truck and a passenger vehicle is to scrutinize the behavior of the driver. A truck accident lawyer can utilize surveillance footage and testimony from witnesses to determine the driver responsible.
Many locations are equipped with surveillance cameras, including the majority of intersections and interchanges as well like certain gas stations, hotels restaurants, and other establishments. A skilled truck accident lawyer 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 the case of truck accidents, it could be that the driver was tired or injured during the time of the accident. A thorough analysis of the driver's track logs will reveal if they spent too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and demand regular rest breaks.
The trucking company may also be held accountable for negligent actions of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their sleep and rest times and putting them at risk for accidents, may also have contributed.
If a dangerous road resulted in an accident, the government agency responsible for its maintenance can be held accountable. A truck accident lawyer who is well-versed can determine the agency responsible and hire a construction or maintenance contractor who has experience to determine the cause of any unsafe conditions and, if necessary, to determine the cause. An experienced attorney can pinpoint various parties who could be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, including the brakes, tires, coupling systems, and cargo restraints. These equipments are designed to withstand a lot of use and must be properly checked and maintained to prevent failure. If something goes wrong, the trucker might not be able to control their vehicle and this could lead to fatal or even fatal accidents. Defective truck parts and equipment can be the fault of several different entities such as the trucking company or the manufacturer, as well as the repair or parts dealer shop.
If an accident occurs because of a defective piece of equipment or component, the injured party can seek damages for both economic and noneconomic losses. Economic damages may include future and present medical expenses, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering trauma to the brain, and emotional distress. In certain instances, punitive damages can be given to penalize the defendant and prevent future negligence.
Despite the best efforts of trucking companies and their drivers, some equipment issues are inevitable. It is essential to identify the parties responsible in order to pursue compensation for the losses.
The highly experienced lawyers at Burch law firm can assist those who have been in a truck accident. Contact us now to set up a free consultation. Our lawyers will analyze your case, identify the responsible parties and fight for the compensation that you deserve. We can help you get the amount you need to pay for medical bills or lost wages, as well as physical or emotional suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available to take your calls 24/7 7 days a week.
3. Unloading Cargo Incorrectly
The cargo that trucks carry on the roads may seem simple enough, but there are strict rules that loaders and drivers must adhere to when stacking and securing their loads. Failure to follow these guidelines could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the leading causes of truck accidents.
The majority of truck accidents result from cargo falling from the vehicle onto other vehicles or roadways. This can be particularly dangerous because the cargo can create a hazard or obstacle on the road and cause other drivers to slow down. It could also fall on people walking or riding bicycles in the vicinity of a truck.
Depending on the way in which the accident took place, a variety of parties could be responsible. If a driver was negligent in loading his or her cargo, for instance the driver could be held responsible according to the legal theory of respondeat superior. The trucking company employing that driver may also be liable for its actions, since it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents will use police reports as well as professional investigators to determine the cause of an accident caused by improperly 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 can result in a settlement or verdict which gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their trucks in good condition. If they fail to follow this they could cause serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced in order for them to function properly. If this is not done, it can cause a dangerous and unsafe road.
The cause of truck crashes is caused by weather conditions or road conditions. Because of their size, trucks are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. pasadena truck wreck lawyer are designed to protect the public, but when truck drivers don't follow them in order in order to meet deadlines, or to make more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings like solid or broken lines of lane that confuse drivers about the lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
If a car accident occurs due to road conditions that are not safe, the trucking company, or the government agency responsible for maintaining the road could be held accountable for the incident. It is essential to prove that the person in question breached their duty of care by creating unsafe conditions. This may include negligent hiring or maintenance of the vehicle, or drug screenings. Under California law, victims are able to recover damages for their medical bills, lost income, suffering, and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along the streets or within their own yards. Pedestrians are often not protected from the weight and size of a vehicle and can be terribly injured or killed.
In these kinds of cases an attorney for personal injury will seek compensation from any person who was negligent. In some cases the negligent party could be the driver of the truck who ran a red light and hit the pedestrian. However, in other cases it could be a trucking business which allowed the trucker to work longer than the time allowed by law or failed to maintain the vehicle properly.
Accidents involving pedestrians and trucks are most often caused by the driver's lack of attention or apathy. Although this type of incident is typical of any car accident, it may be more fatal due to the fact that truck drivers tend to be higher in their cabs and have larger blind areas that are difficult to discern.
A pedestrian who is injured in a truck crash can be awarded compensation for medical expenses as well as lost earnings, discomfort and pain, as well as property damage. In some instances, where the plaintiff is found to be partly at fault for the crash because of their own actions, such as failing to move over to the left shoulder when a truck began to swerve or avert, they may be awarded a lower amount of compensation. This is why it is essential to retain an experienced and knowledgeable personal injury attorney to handle your case. Contact us now to get started.
