10 Startups That Are Set To Revolutionize The Truck Accident Law Industry For The Better
Truck Accident Law
A reputable lawyer for truck accidents has a deep understanding of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will conduct an investigation to find evidence, including maintenance records for trucking companies, that may 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 for your injuries.
1. Injured or fatigued Driver
The most effective method of determining who is at fault in a collision between the truck and a passenger car is to examine the driver's behavior. An attorney for truck accidents can make use of surveillance footage and witness testimony to determine which driver responsible.
Many places are equipped surveillance cameras, which includes the majority of interstates and interchanges, as well like certain gas stations, hotels, restaurants, and other establishments. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, particularly if a driver was distracted or unobservant at the time of the accident.
In the event of a truck accident, it is also possible that a driver was tired or injured during the time of the crash. A thorough examination of the driver's track logs will reveal if they slept too long without sleeping or if they did not adhere to 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 could also be held liable for the negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their rest and sleep time and thereby increasing their risk of being injured, may also have contributed.
If a dangerous road caused an accident, the government agency responsible for its maintenance can be held responsible. A truck accident lawyer who is knowledgeable can determine the agency responsible and then a construction or maintenance contractor who is experienced to investigate the root cause of any hazardous conditions, if applicable. An experienced attorney can identify multiple parties that may be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of faulty equipment. This includes brakes, tires and cargo restraints. These equipments are designed to stand up to the rigors of use and should be checked and maintained to prevent failure. When something goes wrong, it could render the truck driver unable control the vehicle and may cause fatal or serious collisions. The trucking company, the manufacturer, parts dealer, or repair shop could all be held accountable for malfunctioning truck parts and equipment.
If an accident occurs because of a malfunctioning piece of equipment or a part that is damaged, the victim can seek compensation for both economic and noneconomic losses. Economic damages include medical expenses at present and in the future, lost income and loss of earning potential. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress. In certain circumstances, punitive damages can be awarded to penalize the defendant and prevent future negligent behavior.
Despite the best efforts of trucking companies and their drivers issues are inevitable. It is crucial to identify the parties responsible in order to pursue compensation for your loss.
If you've been involved in a truck accident, the experienced attorneys at the Burch Law Firm can help. Call us today to arrange a free consultation. Our lawyers will go over the case, identify responsible parties, and fight for the compensation you're entitled to. We can help you obtain compensation to pay medical bills loss of wages, physical or emotional pain. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls all day all week long.
3. Unloading Cargo Improperly
The cargo trucks carry on the road may appear easy enough, however there are strict guidelines that loaders and drivers must adhere to when stacking and secure their loads. Failure to follow these guidelines could cause serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the leading causes of truck accidents.
Most of these truck accidents are caused by cargo falling from the vehicle onto roads or other vehicles. This is particularly dangerous because the cargo could create an obstacle or cause a danger to the road, causing other drivers to slow down or crash into it. It could also fall on pedestrians or cyclists riding a bike in the vicinity of trucks.
In the event of the accident, there may be several parties at fault. A driver who was negligent while loading his or her cargo might be held accountable according to the legal doctrine of respondeat superior. However, the trucking company that employs that driver might be liable as well, because it is responsible for the actions of its employees based on the principle of vicarious liability.
An experienced attorney for truck accidents can utilize police reports and professional investigators to identify the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to make a claim against to seek compensation for their losses. orange truck accident lawsuit could result in a verdict or settlement which will give victims the financial aid they need to recuperate.
4. Unsafe Road Conditions
Trucking companies, as as their drivers, have the obligation of keeping their trucks in a good working order. In the absence of this, it could result in serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced in order for them to work correctly. If this isn't done the result is an unsafe and hazardous road.
The conditions of the road and weather can also lead to truck crashes. Due to their huge size, trucks are much more likely to be involved in a crash when they travel in bad conditions or on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines regarding the hours they are allowed to drive in a day. These regulations are designed to protect the public. However truckers who do not follow them in order to meet deadlines, or to earn more cash from employers, they put the public at risk.
Unsafe road conditions could include slick pavement that stops tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues include insufficient road markings, such solid or broken lines that confuse the driver about which lane they are in, and merging ramps that aren't long enough for large vehicles to safely switch lanes.
When a truck accident happens because of road conditions that are poor the trucking firm or government agency that is responsible for maintaining the road could be liable for the incident. The person responsible for causing the unsafe conditions has to be proven to have breached its duty of care. This could be due to negligent hiring, vehicle maintenance, and testing for drugs. California law allows victims to claim damages for medical bills or lost wages, pain and loss of quality life.
5. Injuries to pedestrians
Truck accidents pose danger to pedestrians on the streets or even in their yards. Pedestrians typically have no protection from the huge size and weight of a large truck, and can suffer catastrophic, often fatal injuries from these kinds of accidents.
In these types of situations the personal injury attorney will seek compensation from any person that was negligent. In some cases the party who was negligent could be the truck driver who crossed a red light and struck a pedestrian. In other instances, it could be a trucking business which allowed the trucker to work longer than the time allowed by law, or failed to maintain the vehicle in a timely manner.
Accidents involving trucks and pedestrians are most often caused by the driver's lack of attention or distraction. Although this type of incident is normal in any car accident, it may be more deadly due to the fact that truck drivers tend to be higher up in their cabs. They also have more blind spots which are difficult to spot.
A pedestrian who is injured in a truck crash can be awarded compensation for medical expenses and lost earnings, as well as pain and discomfort, and property damage. In some instances, where the plaintiff is found to be partially responsible for the crash due to their own actions, for example, not stepping over the left shoulder when a truck started to swerve, they will receive compensation that is reduced. It is important to hire a personal injury lawyer that is experienced and knowledgeable to handle your case. Contact us today to get started.