10 Things You've Learned In Kindergarden They'll Help You Understand Truck Accident Law
Truck Accident Law
A lawyer who has knowledge of 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 be used to prove negligence.
A NYC truck accident lawyer can assist you in determining who is at fault for your incident and help you recover your injuries.
1. Driver injured or fatigued
When a vehicle driven by a person encounters a truck, the easiest way to determine liability is to look at the manner of driving and behavior. A truck accident lawyer can review surveillance footage and witness testimony to determine the driver who was responsible for the accident.
There are many places with surveillance cameras. This includes many intersections, interchanges, hotels gas stations and restaurants. This evidence can be used by a truck wreck lawyer to identify a possible defendant, especially if the driver was distracted or not paying attention at the moment of the accident.
In cases of truck accidents, it is also possible that the driver was tired or injured at the time of the crash. The road logs of drivers will show if they slept too little or didn't follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company could be held accountable for reckless actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep time and increasing their accident risk may have contributed.
If a dangerous road caused an accident, the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who is experienced can identify the agency responsible and then a contractor for construction or maintenance with experience to look into the root cause of any hazardous conditions, if applicable. An experienced attorney can identify multiple parties that may be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand the rigors of use and must be properly maintained and repaired to prevent failure. If something goes wrong truckers may not be able to control their vehicle and this could lead to fatal or even fatal accidents. Incorrect truck parts and equipment may be the responsibility of a variety of entities, including the trucking company or the manufacturer, as well as the parts dealer or repair shop.
If an accident occurred as a result of a malfunctioning part or piece of equipment, the person injured may seek damages for economic and non-economic losses. Economic damages may include future and present medical expenses loss of income, loss of earning capacity. Noneconomic damages could include discomfort and pain, traumatic brain injuries, and emotional anxiety. In some cases punitive damages can be available to punish the defendant to prevent similar wrongful acts from happening in the future.
Despite the best efforts of trucking companies and their drivers, some equipment problems are inevitable. It is important to identify the responsible parties to seek compensation for your loss.
If you've been in a truck crash and need help from an experienced attorney at Burch Law Firm are able to assist. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will review your case, identify the responsible parties and fight for the compensation you're entitled to. We can assist you in obtaining compensation for medical expenses as well as lost wages from work, and physical and emotional pain. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day and 7 days a week to answer your phone.
3. Unloading Cargo Improperly
Loaders and drivers of trucks must follow strict guidelines regarding stacking and securing the cargo they transport on the road. Failure to follow these guidelines can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the most common causes of truck accidents.
A large number of truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This can be especially dangerous due to the fact that the cargo may create an obstruction or create a risk on the road, causing other drivers to swerve or crash into it. It could also fall on people who are biking or walking within the vicinity of the truck.
In the event of the incident, there could be several parties at fault. If a driver was negligent while loading their cargo, for instance the driver could be held liable under the legal principle of respondeat superior. However, the trucking company that employs the driver could be equally liable, because it is responsible for the actions of its employees under the principle of vicarious liability.
In instances where an accident occurred due to unsafely loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to bring a lawsuit against for compensation for their loss. A successful claim can result in a settlement or verdict which provides victims with the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their vehicles in good condition. If they fail to do this it could lead to serious accidents. The majority of trucks have mechanical components that must be inspected and replaced to allow them to function properly. If peoria truck accident lawyer doesn't happen it can result in an unsafe and hazardous road.
The weather and road conditions can cause truck accidents too. Due to their size, trucks are more likely to crash in stormy weather conditions and on roads with a lot of water. Truck drivers also have to adhere to 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 ignore them to meet deadlines or make more money from their employers, it puts the public in danger.
Potholes and uneven surfaces could cause skidding. Other problems include inadequate lane markings like solid or broken lines of lane that confuse drivers about which lane they're on, and merging lane ramps that are too small for larger vehicles to safely switch lanes.
If a truck accident occurs because of poor road conditions the trucking company or government agency that has the responsibility to maintain that road could be held responsible. The party responsible for creating the dangerous conditions needs to be proven guilty of breaching its obligation of care. This could be due to negligent hiring or maintenance of vehicles, as well as drug testing. California law allows victims to recover damages for medical bills or lost wages, pain and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. Pedestrians are often not protected from the weight and size of a truck and can be severely injured or killed.
In these types of cases, a personal injury attorney will seek compensation from the party that was negligent. In some instances the responsible party could be the truck driver who ran a red light and struck a pedestrian. But in other cases it could be a trucking firm that allowed the trucker to work longer than the law allows or did not maintain the vehicle properly.
Accidents involving pedestrians and trucks tend to be caused by the driver's inattentiveness or apathy. This type of accident happens frequently in car accidents, but it could be deadly for truck drivers as they are higher in the air and have larger blind zones that are difficult to see.
A pedestrian injured in a car crash may receive damages for medical expenses, lost earnings, pain and discomfort, and property damage. However, in some cases where the plaintiff is found to be partially accountable for the accident because of their own actions, such as not moving over to the left shoulder when a truck started to swerve, they could receive compensation that is reduced. This is why it is important to hire a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to start.