Truck Accident Law It's Not As Expensive As You Think
Truck Accident Law A lawyer for truck accidents who has experience in the field is well-versed in the laws which govern truck drivers and trucking firms. long beach truck accident attorney will look into evidence, such as maintenance records of a trucking company which may be evidence to justify a claim of negligence. A NYC truck accident lawyer in NYC can assist you in determining who is at fault for your incident and help you recover your injuries. 1. Driver injured or fatigued The most efficient method to determine who is responsible in a collision between two vehicles, a truck and a vehicle is to scrutinize the driver's behavior. A lawyer who handles truck accidents will review surveillance footage and witness testimony to pinpoint the driver who was at fault. 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, particularly if the driver appeared distracted or inattentive at the moment of the accident. In truck accidents the driver could have been fatigued or injured at the time. A thorough review of the driver's track logs will reveal if they spent too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and demand sufficient rest breaks. The trucking company could also be held accountable 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 for as long as they can, reducing their sleep and rest times and putting them at risk for accidents could have also contributed. If a hazardous road contributed to an accident, the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who has experience can identify the responsible agency and then hire a contractor for construction or maintenance who has experience to determine the causes of any dangerous conditions or other unsafe conditions, if applicable. A skilled attorney can identify multiple parties that may be responsible and seek compensation from all sources. 2. Defective Equipment Many truck accidents happen because of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to withstand a lot of use and must be properly inspected, maintained, and repaired to avoid failure. When something goes wrong, it could render the truck driver unable control the vehicle and can result in fatal or serious collisions. Damaged parts and equipment for trucks could be the fault of several different entities such as the trucking company as well as the manufacturer and the parts dealer or repair shop. If an accident took place because of a malfunctioning part or piece of equipment, the injured person could pursue damages for economic and noneconomic damages. Economic damages include the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain and emotional distress. In some cases, punitive damages may also be available to punish the defendant to stop similar mistakes from happening in the future. Despite the best efforts of trucking companies and their drivers, certain equipment issues will always arise. It is crucial to determine the parties accountable in order to seek compensation for the losses. If you have been involved in a truck collision the skilled attorneys at Burch Law Firm are able to help. Contact us today for a free consultation. Our lawyers will review the case, identify responsible parties, and fight for the compensation you're due. We can help you obtain the compensation you deserve for medical bills as well as lost wages from work, as well as physical and mental suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours per day, 7 days a weeks to answer your calls. 3. Unloading Cargo Unsafely Drivers and loaders of trucks must adhere to strict rules in stacking and secure the cargo they transport on the road. Failure to adhere to these guidelines could result in serious issues. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the main reasons for truck accidents. A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This is especially dangerous because the cargo could cause a danger or obstruction on the road and cause other drivers to swerve. It could also fall on people who are cycling or walking near the truck. Depending on the way in which the accident occurred, multiple parties may be at fault. A driver who was negligent while loading his or cargo could be held accountable under the legal theory of respondeat superior. However the trucking company which employs that driver might be held accountable, too, because it is liable for the actions of its employees in accordance with the principle of vicarious liability. An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney can help victims determine which defendants they should file a claim for compensation against. A successful claim could result in a settlement or verdict that provides victims with the financial assistance they require to recover from the injuries they sustained. 4. Unsafe Road Conditions The trucking companies, as well their drivers, share an obligation to keep their trucks in good working order. In the absence of this, it could lead to serious accidents. To ensure that the trucks are operating properly, mechanical components are regularly checked and replaced. When this doesn't happen, the result is an unsafe and hazardous road. Accidents involving trucks can also be caused by dangerous weather and road conditions. Because of their size, trucks are much more likely to be involved in crashes when they are driving in bad conditions or on roads that are wet. Additionally truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These rules are intended to protect the public. However, when truckers ignore these rules to meet deadlines or to earn more cash from employers, they put the public at risk. Potholes and uneven surfaces could cause skidding. Other issues include insufficient road markings, such solid or broken lines that confuse drivers about the lane they're in, or merging ramps that are not long enough for large vehicles to safely change lanes. If a truck accident occurs due to poor road conditions, the trucking firm or government agency accountable to maintain the road may be held accountable. It is crucial to prove that the person in question breached their duty of care in creating dangerous conditions. This could include negligent hiring, maintenance of the vehicle, and drug testing. California law allows victims to seek damages for medical bills, lost wages, suffering and loss of quality life. 5. Injuries to Pedestrians Truck accidents can be extremely hazardous for pedestrians who are walking along roadways or even within their own yards. People walking on foot are not always protected from the weight and size of a truck and can be severely injured or killed. In these instances, an attorney for personal injury may seek compensation from the negligent party. In some instances it could be as simple as the truck driver if they ran at a red light and hit the pedestrian, but in other cases it could be the trucking company that permitted the trucker to work longer shifts than is permitted by law, did not conduct proper maintenance on the vehicle, or conducted a background check that would have revealed an occurrence of unsafe driving behavior. Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. This type of accident happens frequently in car accidents, but it could be fatal for truck drivers since they are higher and have larger blind zones that are difficult to see. A pedestrian injured in a car crash may be awarded compensation for medical expenses as well as lost earnings, pain and discomfort, and property damage. However, in some cases where the plaintiff is found to be partially responsible for the crash due to their own actions, like not stepping over to the left shoulder when a truck started to swerve or avert, they may be awarded less compensation. It is important to select a personal injury lawyer who is knowledgeable and experienced to take care of your case. Contact us now to get started.