Truck Accident Law: It's Not As Difficult As You Think

Truck Accident Law A competent truck accident lawyer has a deep understanding of the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. They will investigate to uncover evidence, like trucking company maintenance records which may be evidence to be used to prove negligence. A NYC truck accident lawyer in NYC can assist you in determining who's the fault in your situation and help you recover your injuries. 1. Fatigued or injured driver The easiest way to determine who is responsible in a collision between a truck and a passenger vehicle is to scrutinize the behavior of the driver. A lawyer for truck accidents will review surveillance footage and witness testimony to pinpoint the driver who was at fault. Many places are equipped with surveillance cameras, which includes the majority of intersections and interchanges as well as some hotels, gas stations, restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, particularly when the driver seemed unobservant or distracted at the time of the crash. In the event of a truck accident, it is also possible that the driver was tired or injured during the time of the accident. The road logs of the drivers will show if they had a sleepless night or did not observe the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road. The trucking company could also be held responsible for the negligent actions 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, thus reducing their sleep and rest times and putting them at risk for accidents could also have contributed to. If a dangerous road caused an accident the government agency responsible for maintaining it can be held accountable. A knowledgeable lawyer for truck accidents can identify the responsible agency and hire an experienced construction or maintenance contractor to determine the cause of the unsafe road in the event that it is applicable. An experienced attorney can identify several parties that could be accountable, and seek compensation from each source. 2. Defective Equipment Many truck accidents happen because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were designed to withstand a lot of wear and tear and must be properly maintained and repaired to avoid failure. When something goes wrong it could leave the driver of a truck unable to control the vehicle, and could result in fatal or serious collisions. The trucking company, the manufacturer, parts dealer or repair shop can all be accountable for the malfunction of truck parts and equipment. When an accident occurs because of a malfunctioning piece of equipment or a component that is damaged, the victim can seek compensation for both financial and non-economic damages. Economic damages can include the current and future medical costs, lost income, and loss of earning capacity. Noneconomic damages can include discomfort and pain as well as brain injuries that are traumatic, and emotional distress. In some cases punitive damages might be available to punish the defendant in order to prevent similar wrongful acts from happening again in the future. Even with the best efforts by trucking companies and drivers, equipment malfunctions are inevitable. It is important to identify the responsible parties to pursue compensation for your loss. The skilled lawyers at Burch law firm are able to assist you if you have been involved in a collision with a truck. Contact us now to set up an appointment at no cost. Our lawyers will analyze your case, identify the responsible parties, and fight to secure the compensation you deserve. We can help you obtain compensation to cover medical bills or lost wages, as well as physical or emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours per day and 7 days a week to answer your phone. 3. Unproperly Loaded Cargo The cargo that trucks transport on the roads may seem straightforward enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. Infractions to these rules could cause serious issues. In a recent study the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the major reasons for truck accidents. Most of these truck accidents are caused by cargo falling from the vehicle onto roads or other vehicles. This can be particularly dangerous because the cargo could cause a danger or obstruction on the road and cause other drivers to slow down. palm coast truck accident lawsuit could also fall on pedestrians or riders on bikes within the vicinity of the truck. Depending on the way in which the accident occurred, a number of parties could be at fault. A driver who was negligent when loading his cargo may be held responsible according to the legal doctrine of respondeat superior. The trucking company that employed the driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions in accordance with the principle of vicarious liability. In cases in which accidents occur due to unsecurely loaded or secured cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was responsible. An attorney from Cordisco and Saile LLC may assist victims in determining the proper 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 Trucking companies, as well their drivers, also have an obligation to keep their vehicles in good working order. If they don't, it could result in serious accidents. To ensure that trucks operate correctly, mechanical parts are often checked and replaced. If this doesn't happen it can result in dangerous and unsafe roads. The cause of truck crashes is caused by weather conditions or road conditions. Due to their dimensions, trucks are more likely to be involved in crashes when they drive in bad conditions or on roads that are wet. In addition truck drivers must adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they can travel each day. These rules are designed to protect the public, but when truck drivers do not follow them 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 could be caused by inadequate markings for lane, such as broken or solid lines that confuse the driver about the lane they're in, and merging ramps that are too narrow for large vehicles to safely change lanes. If a truck crash occurs due to poor road conditions, the trucking company or government agency responsible for maintaining that road could be held responsible for the accident. It is necessary to prove that the party in question violated their duty of care in creating dangerous conditions. This can include negligent hiring or maintenance of the vehicle, or drug testing. In accordance with California law, victims are able to seek compensation for medical expenses, lost income, suffering and loss of quality of life. 5. Injury to a pedestrian Truck accidents can be extremely dangerous for pedestrians who are walking along streets or in their yards. Pedestrians are often not protected from the weight and size of a vehicle and can suffer catastrophic or fatal injuries. In these cases, an attorney for personal injury can seek compensation from the party who was negligent. In some instances the negligent party could be the driver of the truck who crossed a red light and hit the pedestrian. But in other cases, it could be a trucking company which allowed the trucker to work longer than the law allows or failed to maintain the vehicle in a timely manner. Accidents involving pedestrians and trucks tend to be result from the driver's inattention or apathy. While this type of accident is not uncommon in any car accident, it can be more dangerous due to the fact that truck drivers are usually higher up in their cabs and have more blind spots which are difficult to spot. A pedestrian injured in a collision with a truck may receive compensation for medical expenses, lost earnings, discomfort and pain, as well as property damage. In some instances, the plaintiff is found to be partially at fault for the accident because of their own actions (such as not moving over to the left side when the truck began to swerve) the amount they receive will be reduced in proportion. It is important to hire an attorney for personal injuries who is experienced and knowledgeable to take care of your case. Contact us today to get started.