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Truck Accident Law
A lawyer who has expertise in the field is well-versed in the laws that govern truck drivers as well as trucking firms. They will look into evidence, like maintenance records of a trucking company that could be used to provide evidence to support a claim of negligence.
A NYC truck accident lawyer can help you determine who is at fault for your incident and help you recover your injuries.
1. Fatigued or Injured Driver
If a car that is a passenger collides with a truck, the most effective method to determine the liability is to scrutinize the driver's actions and mannerisms. A lawyer who handles truck accidents can look over video surveillance footage and witness testimony to pinpoint the driver who was responsible for the accident.
Many places are equipped surveillance cameras, including the majority of interstates and interchanges, as well like certain gas stations, hotels, restaurants, and other businesses. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if the driver was distracted or not paying attention at the time of the incident.
In truck accidents the driver might have been injured or fatigued at the time. The road logs of the drivers can reveal whether they had a sleepless night or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking firm could be held accountable for the negligent actions 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, which in turn reduces their rest and sleep time and putting them at risk for accidents may have contributed.
The government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A skilled truck accident lawyer can identify the responsible agency and hire an experienced maintenance or construction contractor to investigate the cause of the dangerous condition and, if appropriate, to determine the cause. An experienced attorney can identify multiple parties that may be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, like brakes as well as the coupling system, tires, and cargo restraints. These components were developed to withstand a lot of wear and tear and must be maintained and repaired to prevent failure. If something goes wrong, it could leave the driver of a truck in a position to control the vehicle, and could cause fatal or serious collisions. Damaged truck parts and equipment could be the fault of a variety of entities such as the trucking company and the manufacturer as well as the parts dealer or repair shop.
If an accident occurred because of a defect in a component or piece of equipment, the victim could seek compensation for economic and noneconomic losses. Economic damages are a combination of future and current medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress. In some cases punitive damages are given to penalize the defendant and prevent future mistakes.
Despite the best efforts of trucking companies and drivers, equipment malfunctions are bound to happen. It is important to identify the parties accountable in order to pursue compensation for the losses.
The highly skilled attorneys at the Burch law firm can assist you if you've been involved in a car accident. Contact us now to set up an appointment for a no-cost consultation. Our lawyers will examine the case, find responsible parties and fight for the compensation you deserve. We can help you get the amount you need to pay for medical bills as well as lost wages and physical or mental suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. palatine truck accident law firm are on hand to answer your calls all day 7 days a week.
3. Improperly Loaded Cargo
The cargo that trucks carry on the roads may seem easy enough, however there are strict guidelines that drivers and loaders must follow in terms of stacking and secure their loads. Failure to follow these guidelines can cause serious problems. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the most common causes of truck accidents.
A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly dangerous, as the cargo could cause a danger or an obstacle on the road, and force drivers to turn around. It could also fall onto people walking or riding bikes in the vicinity of trucks.
Based on the manner in which the incident was triggered, several parties could be responsible. A driver who was negligent when loading his or her cargo might be held responsible according to the legal doctrine of respondeat superior. However the trucking company which employs that driver might be equally liable, since it is accountable for the actions of its employees according to the principle of vicarious liability.
An experienced attorney for truck accidents will use police reports as well as professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney will assist victims to determine which defendants to make a claim for compensation against. A successful claim can result in a settlement or a verdict which gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their vehicles in good condition. If they do not, it can lead to serious accidents. To ensure that trucks work properly, mechanical parts are frequently checked and replaced. If this isn't done, it could cause a dangerous and unsafe road.
The cause of truck crashes is caused by weather conditions or road conditions. Due to their size truck's size, they are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. Additionally truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive each day. These rules are designed to protect the public, but when truck drivers don't follow them in order in order to meet deadlines, or to earn more money from their employers, they put the public at risk.
Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other problems can include inadequate road markings, such solid or broken lines that confuse drivers on which lane they're in, and merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck accident occurs because of poor road conditions, the trucking firm or government agency accountable to maintain that road could be held liable. The party responsible for creating the unsafe conditions has to be proven to have violated its duty of care. This could include negligent hiring, vehicle maintenance, and drug testing. California law permits victims to recover damages for medical expenses or lost wages, pain and loss of quality life.
5. Pedestrian injuries
Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their yards. Most pedestrians don't have protection from the huge size and the weight of a truck and they can sustain catastrophic or even fatal injuries from these types of crashes.
In these situations an attorney who is able to handle personal injury will seek compensation from the negligent party. In some cases the responsible party could be the truck driver who ran a red light and struck the pedestrian. But in other cases, it could be a trucking firm which allowed the trucker to work longer than the law allowed or failed to maintain the vehicle in a timely manner.
Accidents involving pedestrians and trucks are often caused by the driver's inattentiveness or distraction. This type of accident is very common in car accidents, but it can be fatal for truck drivers as they are higher in the air and have larger blind zones that are difficult to discern.
A pedestrian injured in a truck crash can receive compensation for medical costs and lost earnings, as well as discomfort and pain, as well as property damage. In some instances, where the plaintiff is found to be partially at fault for the crash due to their own actions, for example, not moving over to the left shoulder when a truck began to swerve, they will be awarded less compensation. It is essential to choose an injury lawyer who is experienced and knowledgeable to handle your case. Contact us now to begin.