Truck Accident Law: It's Not As Difficult As You Think
Truck Accident Law A competent truck accident lawyer possesses in-depth knowledge of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will search for and uncover evidence such as maintenance records of the trucking firm that could support a negligence claim. 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. Fatigued or Injured Driver When a vehicle driven by a person encounters a truck, the most effective way to determine who is at fault is to examine the manner of driving and behavior. An attorney for truck accidents can use surveillance footage and testimony from witnesses to determine the driver at fault. Many locations have surveillance cameras. This includes the majority of intersections, hotels, interchanges, gas stations and restaurants. This evidence can be used by a truck crash lawyer to identify a potential defendant, especially if the driver seemed distracted or unfocused at the moment of the accident. In cases of truck accidents, it is also possible that the driver was fatigued or even injured during the time of the accident. The road logs of drivers could reveal if they had a sleepless night or did not follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road. The trucking company could be held accountable for reckless actions of their employees. A negligent hiring or training process may have contributed to the accident, and so could policies that encourage drivers to remain on the road for as long as they can by limiting their rest and sleep time, and increasing their risk of an accident. Government agencies responsible for maintaining roads may also be accountable if a dangerous road contributed to the accident. A truck accident lawyer who is well-versed can determine the agency responsible and then a contractor for construction or maintenance with experience to investigate the cause of any unsafe conditions in the event of a case. An experienced attorney can pinpoint various parties who could be liable, and pursue compensation from every source. 2. Defective Equipment Many truck accidents happen because of faulty equipment. This includes brakes, tires and cargo restraints. These equipments are designed to stand up to the rigors of usage and must be checked, maintained, and repaired to prevent failure. When something goes wrong the trucker might not be able to control their vehicle, and this can lead to serious or fatal accidents. Incorrect parts and equipment for trucks could be the responsibility of a number of entities which include the trucking company, the manufacturer, and the parts dealer or repair shop. If an accident occurs because 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 medical expenses both now and in the future, lost income and the loss of earning potential. Noneconomic damages include pain and suffering and brain injuries that are traumatic, and emotional distress. In certain circumstances punitive damages can be available to punish the defendant to stop similar mistakes from happening again in the future. Despite the best efforts of trucking companies and their drivers, a few equipment issues are inevitable. It is important to identify the parties responsible in order to seek compensation for your losses. The highly experienced lawyers at Burch law firm will assist you in the event that you've been involved in a truck crash. Contact us today for a complimentary consultation. Our lawyers will examine your case, identify the responsible parties and fight for the compensation you are entitled to. We can assist you in obtaining compensation to cover medical bills, lost wages, and emotional or physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are accessible 24 hours a day and 7 days a week to take your call. 3. Improperly loaded north dakota truck accident lawsuit that trucks transport on the roads may seem simple enough, but there are strict rules that drivers and loaders must adhere to when stacking and securing their loads. Infractions to these rules could cause serious issues. In a recent study the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading causes of truck accidents. The majority of these truck accidents result from cargo falling from the vehicle onto roadways or other vehicles. This can be extremely dangerous, as the cargo could cause a danger or obstruction on the road and cause drivers to turn around. It may also fall onto pedestrians or riders on bicycles in the vicinity of the truck. Depending on the way in which the accident occurred, multiple parties may be responsible. If an individual driver was negligent in loading their cargo, for example it could be held accountable according to the legal theory of respondeat superior. However the trucking company that employs the driver could be liable as well, since it is accountable for the actions of its employees based on the principle of vicarious liability. In cases in which an accident happened because of unsafely loaded or secured cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who was at fault. A Cordisco and SAIL LLC lawyer can help victims determine the defendants they should submit a claim to compensation against. A successful claim can result in a settlement or a verdict that provides victims with the financial aid they require to recover from their injuries. 4. Unsafe Road Conditions Trucking companies, as well their drivers, share the responsibility of keeping their trucks in a good working condition. Failure to do so can lead to serious accidents. To ensure that trucks operate correctly, mechanical parts are often checked and replaced. If this is not done, it could result in a dangerous and unsafe road. Truck accidents can also be caused by dangerous weather or road conditions. Due to their size, trucks are more likely to be involved in a crash if they drive in bad conditions or on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration rules about the hours they can drive per day. These rules are designed to protect the public, but when truck drivers do not follow them to meet deadlines or make more money from their employers, they put the public in danger. Unsafe road conditions may include slick roads that hinder tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues could be caused by inadequate road markings, such broken or solid lines that confuse the driver on which lane they're in, and merging ramps that are too narrow for large vehicles to safely switch lanes. If a car accident occurs due to road conditions that are not safe, the trucking firm or government agency responsible for maintaining that road could be held responsible for the incident. The party responsible for creating the unsafe conditions has to be proven guilty of violating its duty of care. This can include negligent hiring or maintenance of the vehicle, as well as drug testing. California law allows victims to seek damages for medical expenses, lost wages, suffering and loss of quality of life. 5. Injury to a pedestrian Truck accidents pose a risk to pedestrians who are walking along the roads or even in their yards. The pedestrians aren't always protected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries. In these types of cases in these types of cases, a personal injury lawyer will seek compensation from any person that was negligent. In some cases the party who was negligent 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 what is permitted by law or failed to maintain the vehicle properly. Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. This type of accident happens frequently in car accidents, but it can be fatal for truck drivers because they are higher and have larger blind zones that are difficult to see. When a pedestrian is injured in a collision with a truck and is injured, they may be awarded damages for medical bills and loss of earnings, suffering and property damage. In some instances, where the plaintiff is found to be partly at fault for the crash because of their own actions, such as not stepping over to the left shoulder when a truck began to swerve, they will be awarded less compensation. This is why it is vital to choose a knowledgeable and experienced personal injury attorney to take care of your case. Contact us now to begin.