11 Ways To Completely Sabotage Your Truck Accident Law
Truck Accident Law
A reputable lawyer for truck accidents is knowledgeable about the trucking industry, encompassing 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 in NYC can help you determine who is the fault in your situation and help you recover for your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is responsible in a collision between the truck and a passenger car is to study the behavior of the driver. A truck accident attorney can utilize surveillance footage and witness testimonies to determine the driver responsible.
alexandria truck accident attorney of places have surveillance cameras. This includes many intersections, interchanges, hotels gas stations, restaurants and hotels. A skilled truck accident lawyer can make use of this evidence to identify potential defendants, particularly when the driver was unobservant or distracted when the accident occurred.
In the case of truck accidents it is also possible that the driver was fatigued or even injured at the time of the crash. A thorough examination of the driver's road logs will reveal if they spent too long without sleep or did not follow Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and require sufficient rest breaks.
The trucking company may also be held responsible for the negligence of their employees. A negligent hiring or training method could have contributed to this accident, and so could policies that encourage drivers to drive for as long as they can, which can result in a reduction in rest and sleep time and thereby increasing the risk of being involved in an accident.
If a dangerous road caused an accident, the government agency that is responsible for maintaining it could be held responsible. A truck accident lawyer who has experience can determine the agency responsible and then hire a construction or maintenance contractor who has experience to determine the root of any unsafe conditions, if applicable. A seasoned attorney can identify multiple parties that may be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, such as brakes and tires, coupling systems, and cargo restraints. These pieces of equipment are designed to endure rigorous usage and must be examined, maintained, and repaired to avoid failure. If something goes wrong, the trucker might not be able to control their vehicle and it could cause tragic or fatal accidents. The trucking company, the manufacturer or parts dealer, or repair shop could all be held accountable for malfunctioning truck parts and equipment.
If an accident happens because of a defective piece of equipment or part, the injured party can seek compensation for both economic and non-economic damages. Economic damages can include medical expenses now and in the future, loss of income and the loss of earning potential. Noneconomic damages could include pain and discomfort, traumatic brain injuries, and emotional distress. In certain circumstances, punitive damages may be awarded to punish the defendant and to prevent future mistakes.
Even with the best efforts of trucking companies and drivers, equipment problems are bound to happen. It is important to identify the responsible parties to pursue compensation for your loss.
The skilled lawyers at Burch law firm can assist you in the event that you've been involved in a truck crash. Contact us today to schedule an appointment at no cost. Our lawyers will review the case, identify the responsible parties, and fight to get the compensation you deserve. We can help you get the amount you need to pay for medical bills, lost wages, and physical or mental suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day seven days a week to answer your phone.
3. Improperly loaded Cargo
Truck drivers and loaders must adhere to strict guidelines in stacking and securing cargo they transport on the roads. If they don't follow these guidelines, it could cause serious issues. In a recent study the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the leading causes of truck accidents.
Most of these truck accidents result from cargo falling off the truck onto other vehicles or roads. This is particularly dangerous because the cargo could create an obstacle or hazard on the road, forcing other drivers to swerve or hit it. It could also fall on pedestrians who are walking or riding a bicycle near the truck.
Based on the circumstances surrounding the incident, there could be several parties at fault. If an individual driver was negligent in loading their cargo, for example the driver could be held accountable under the legal principle of respondeat superior. However the trucking company that employs that driver might be liable as well, because it is liable for the actions of its employees under the principle of vicarious liability.
An experienced attorney for truck accidents can make use of police reports and professional investigators to determine the root of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim can result in a verdict or settlement that provides victims with the financial assistance they require to recuperate.
4. Road conditions that are unsafe
The trucking companies, as well as their drivers, have the obligation of keeping their trucks in good working order. If they don't, it could result in serious accidents. To ensure that the trucks are operating correctly, mechanical parts are often checked and replaced. If this is not done, it could cause a dangerous and unsafe road.
The road and weather conditions can also cause truck crashes. Because of their dimensions, trucks are more likely to be involved in a crash if they drive in adverse weather conditions or on roads with a lot of water. Additionally, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they are allowed to drive in a day. These regulations are designed to safeguard the public. However truckers disregard these rules in order to meet deadlines or to earn more money from employers, they are putting the public at risk.
Unsafe road conditions include slick roads that hinder tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues could be caused by inadequate markings for lane lines, like solid or broken lines that confuse the driver on which lane they're in, and merging ramps that are too short for large vehicles to safely change lanes.
If a car accident occurs due to road conditions that are not safe, the trucking company, or the government agency responsible for maintaining the road may be held liable for the accident. It is necessary to prove that the person who caused the accident violated their duty of care in creating hazardous conditions, and this may include negligent hiring and maintenance of the vehicle, or drug testing. Under California law, the victims may get compensation for medical bills and lost income, pain, and loss of quality of life.
5. Pedestrian injuries
Truck accidents pose a risk to pedestrians who walk along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a vehicle and can be terribly injured or killed.
In these cases, an attorney for personal injury will seek to recover compensation from the negligent party. In some instances it could be as straightforward as the truck driver who ran an intersection and struck the pedestrian, but in others, it could be the trucking company that permitted the trucker to work longer shifts than allowed by law, failed to perform proper maintenance on the vehicle, or conducted a background check that would have revealed the history of unsafe driving habits.
Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. This kind of accident is quite common in car accidents, but it could be deadly for truck drivers since they are higher up and have greater blind zones that are difficult to see.
If a pedestrian gets injured in a crash involving a truck the pedestrian may be awarded damages for medical expenses or loss of earnings pain and suffering, and property damage. In certain cases, the plaintiff is found to be partially accountable for the incident because of their own actions (such as not turning over to the left side when the truck started to slow down) the compensation they receive could be reduced accordingly. It is essential to choose an injury lawyer who is knowledgeable and experienced to handle your case. Contact us today to get started.