Truck Accident Law
A lawyer who has knowledge of the field is well-versed in the laws that regulate truck drivers and trucking companies. tallahassee truck accident law firm will look into and find evidence, such as maintenance records of the trucking company that could prove negligence.
A NYC truck accident lawyer can assist you in determining who is at fault for your incident and assist you in recovering your injuries.
1. Driver injured or fatigued
The most effective method of determining who is responsible in a collision between a truck and a passenger vehicle is to scrutinize the driver's behavior. A lawyer for truck accidents can review video surveillance footage and witness testimony to determine the driver who was responsible for the accident.
A lot of places have surveillance cameras. This includes most intersections hotels, interchanges, gas stations and restaurants. A skilled truck accident lawyer can use this evidence to identify the potential defendant, particularly when the driver appeared unfocused or distracted at the time of the crash.
In truck accidents, the driver may be fatigued or injured at the time. The road logs of the drivers could reveal if they were sleeping too much or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company may also be held responsible for the negligence of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep hours and increasing their accident risk, may also have contributed.
Government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe contributed to the accident. A knowledgeable lawyer for truck accidents can identify the relevant agency and then hire a seasoned construction or maintenance contractor to determine the cause of the unsafe road and, if appropriate, to determine the cause. An experienced lawyer can identify multiple parties that may be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including brakes and tires, coupling systems, and cargo restraints. These equipments are designed to withstand a lot of usage and must be inspected, maintained, and repaired to prevent failure. When something goes wrong, it could leave the driver of a truck unable to control the vehicle and may result in fatal or serious collisions. The trucking company, manufacturer of parts, the parts dealer, or repair shop could all be held accountable for malfunctioning truck parts and equipment.
If an accident occurs as a result of a defective piece of equipment or a component, the injured party can seek compensation for both 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 might be available to punish the defendant in order to stop similar negligence from occurring in the future.
Despite the best efforts of trucking companies and drivers equipment problems are bound to happen. When this happens, it's crucial to identify the responsible parties so that you can claim compensation for your losses.
If you've been involved in a truck collision the skilled attorneys at Burch Law Firm can assist. Contact us today for an appointment for a no-cost consultation. Our lawyers will examine your case, find liable parties and fight to get the compensation you are entitled to. We can assist you in obtaining compensation to cover medical bills as well as lost wages and physical or emotional suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available to take your calls 24/7, seven days a week.
3. Unproperly Loaded Cargo
Truck drivers and loaders must adhere to strict rules regarding stacking and securing cargo they transport on the road. Infractions to these rules could cause serious issues. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most common causes of truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This is especially dangerous because the cargo could create a risk or a problem on the road and force other drivers to slow down. It could also fall onto pedestrians or cyclists riding bikes within the vicinity of the truck.
Based on the circumstances surrounding the incident, there could be several parties at fault. If the driver was negligent when loading his or her cargo, for example the driver could be held liable according to the legal theory of respondeat superior. The trucking company that employed that driver could also be held accountable, as it is responsible for the actions of its employees under the principle vicarious responsibility.
An experienced truck accident attorney will use police reports as well as professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to make a claim against to seek compensation for their losses. A successful case could result in a settlement or verdict which will give victims the financial assistance they require to recuperate.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their trucks in good working condition, and when they fail to do this it could result in serious accidents. The majority of trucks have mechanical components that must be inspected and replaced in order for they to function properly. If this isn't done, it could result in a dangerous and unsafe road.
The road and weather conditions can also trigger truck accidents. Due to their size, trucks are more likely to be involved in crashes during bad conditions and on roads that are wet. Additionally, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can travel 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 gain more money from their employers, it puts 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 issues could be caused by inadequate markings for lane lines, like broken or solid lines that confuse drivers regarding which lane they're in, and merging ramps that are too short for large vehicles to safely switch lanes.
If a truck crash occurs due to poor road conditions the trucking company or government agency responsible to maintain the road could be held responsible. The party responsible for creating the dangerous conditions must be proven to have violated its duty of care. This could be due to negligent hiring, vehicle maintenance, and drug testing. In accordance with California law, victims can get compensation for medical bills as well as lost income, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents pose danger to pedestrians who walk along roads or even in their yards. The majority of pedestrians are not protected from the enormous size and weight of a truck, and can suffer catastrophic injuries, which are often fatal, from these kinds of accidents.
In these cases an attorney for personal injury will seek to recover compensation from the negligent party. In some instances the responsible party could be the driver of the truck who ran a red signal and struck a pedestrian. But in other cases, it could be a trucking business which allowed the trucker to work longer than the law allowed, or failed to maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks are often caused by drivers' inattention or distraction. While this type of accident is common with any car accident, it could be more deadly due to the fact that truck drivers are typically higher up in their cabs. They also have bigger blind areas that are difficult to see.
A pedestrian injured in a car crash may receive compensation for medical expenses loss of earnings, discomfort and pain, and property damage. In some instances, the plaintiff is found partly at fault for the incident because of their own actions (such as not moving over to the left side when the truck started to swerve), their compensation can be reduced accordingly. This is why it's essential to retain an experienced and knowledgeable personal injury attorney to take care of your case. Contact us now to begin.