The Top Reasons Why People Succeed In The Truck Accident Law Industry
Truck Accident Law
A lawyer for truck accidents who has expertise in the field has a deep understanding of the laws which govern truck drivers and trucking companies. They will investigate to uncover evidence, such as trucking company maintenance records which could justify a claim of negligence.
A NYC truck accident lawyer can determine the responsible parties in your case, and help you recover from your injuries.
1. Driver injured or fatigued
The most effective method of determining who is at fault in a collision between an automobile and a car is to study the behavior of the driver. A lawyer for truck accidents will review surveillance footage and witness testimony to determine the driver who was responsible for the accident.
Many places are equipped with surveillance cameras, such as most interchanges and intersections as well certain gas stations, hotels, restaurants, and other establishments. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if a driver seemed distracted or unfocused at the time of the incident.
In cases of truck accidents it could be that the driver was tired or injured during the time of the accident. meridian truck accident attorney of the driver's logs will reveal if they slept too long without sleep or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and require regular rest breaks.
The trucking company may also be held accountable for negligence 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 sleep and rest times and increasing their accident risk could have also contributed.
If a road with a danger factor contributed to an accident, the government agency responsible for maintaining it can be held accountable. A knowledgeable lawyer for truck accidents can identify the appropriate agency and employ a competent maintenance or construction contractor to investigate the cause of the unsafe situation and if it's applicable. A seasoned attorney can determine which parties could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, including the brakes as well as the coupling system, tires, and cargo restraints. These pieces of equipment were designed to withstand a lot of wear and tear and must be maintained and repaired to avoid failure. If something goes wrong it can leave the truck driver unable control the vehicle and could result in fatal or serious collisions. The problem with defective truck parts and equipment could be the responsibility of several different entities such as the trucking company, the manufacturer, and the parts dealer or repair shop.
If an accident happens because of a defective piece of equipment or part that is damaged, the victim can seek damages for both economic and noneconomic losses. Economic damages could include medical expenses at present and in the future, lost income and the loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury, and emotional distress. In certain circumstances, punitive damages may also be available to punish the defendant in order to stop similar mistakes from happening again in the future.
Despite the best efforts of trucking companies and their drivers, some equipment issues are inevitable. When this happens, it's important to determine the liable parties to seek compensation for your loss.
The highly experienced lawyers at Burch law firm can help you in the event that you've been involved in a collision with a truck. Contact us today for an initial consultation for free. Our lawyers will analyze your case, find liable parties and fight for the compensation you are entitled to. We can assist you in obtaining compensation for medical expenses 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 anytime, seven days a week.
3. Unproperly Loaded Cargo
The cargo that trucks transport on the roads may seem easy enough, however there are strict guidelines that drivers and loaders must adhere to when stacking and securing their loads. If they don't follow these guidelines could cause serious issues. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the major reasons for truck accidents.
The majority of truck accidents are caused by cargo falling from the vehicle onto roadways or other vehicles. This is particularly risky because the cargo could cause a danger or an obstacle on the road, and force other drivers to swerve. It could also fall on people who are walking or riding a bike in the vicinity of trucks.
Depending on the way in which the accident was triggered, several parties could be responsible. A driver who was negligent when loading his cargo may be held liable in the context of the legal theory respondeat superior. The trucking company that employed that driver may also be liable, as it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents can utilize police reports and professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can assist victims in determining the right defendants to make a claim against to seek compensation for their loss. A successful claim may result in a verdict or settlement that provides victims with the money they require to recuperate.
4. Road conditions that are unsafe
Trucking companies and their drivers have a duty to keep their trucks in a good working condition. If they fail to follow this, it can lead to serious accidents. The majority of trucks have mechanical components that need to be checked and replaced in order for they to function properly. If this isn't done, it could result in a dangerous and unsafe road.
The weather and road conditions can also trigger truck accidents. Due to their size trucks are more prone to be involved in crashes during bad conditions and on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These rules are intended to safeguard the public. However truckers disregard them in order to meet deadlines or to earn more money from employers, they place the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems can include inadequate road markings, such solid or broken lines that confuse the driver regarding which lane they're in, or merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident occurs due to road conditions that are poor, the trucking firm or government agency that has the responsibility to maintain the road could be held liable. It is essential to prove that the person who caused the accident violated their duty of care by creating dangerous conditions. This could include negligent hiring and maintenance of the vehicle, or drug testing. In accordance with California law, victims are able to recover damages for their medical expenses or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents are dangerous for pedestrians walking along roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck and could be severely injured or killed.
In these cases an attorney who is able to handle personal injury will seek compensation from the person who caused the injury. In some cases it could be as simple as the truck driver who ran a red light and struck the pedestrian, but in other instances it could be the trucking company that allowed the trucker to work longer shifts than allowed by law, did not maintain the vehicle, or conducted an background check that could have revealed an occurrence of unsafe driving habits.
Accidents involving pedestrians and trucks tend to be caused by the driver's inattentiveness or distraction. While this type of incident is not uncommon in any car accident, it may be more dangerous due to the fact that truck drivers are usually higher in their cabs, and have more blind areas that are hard to see.
If a pedestrian is injured in a car accident it is possible to be awarded damages for medical expenses or loss of earnings pain and suffering, as well as property damage. In some cases, 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 started to slow down), their compensation can be reduced according to. This is why it's essential to retain an experienced and knowledgeable personal injury attorney to handle your case. Contact us today to get started.