Watch Out: How Truck Accident Law Is Gaining Ground And What Can We Do About It
Truck Accident Law
A lawyer for truck accidents who has experience in the field has a deep understanding of the laws that govern truck drivers and trucking companies. They will conduct an investigation to find evidence, including the maintenance records of trucking companies that could be used to be used to prove negligence.
A NYC truck accident lawyer can assist you in determining who's at fault in your case and help you recover your injuries.
1. fayetteville truck accident attorney injured or fatigued
If a vehicle carrying passengers encounters a truck, the most efficient way to determine who is at fault is to examine the driver's actions and demeanor. A truck accident attorney can make use of surveillance footage and testimony from witnesses to determine the driver responsible.
Many locations are equipped with surveillance cameras, such as most intersections and interchanges as like certain gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck wreck lawyer to identify a potential defendant, especially if the driver seemed distracted or unfocused at the time of the incident.
In the event of a truck crash, it is also possible that a driver was fatigued or even injured at the time of the crash. The road logs of drivers will 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 also be held accountable for reckless actions of their employees. A improper hiring or training procedure might have contributed to the accident, as can policies that encourage drivers to drive for as long as they can, which can result in a reduction in rest and sleep hours and thereby increasing the chances of causing an accident.
If a hazardous road resulted in an accident, the government agency accountable for maintaining it may be held accountable. A knowledgeable lawyer for truck accidents can identify the appropriate agency and hire an experienced construction or maintenance contractor to look into the cause of the unsafe condition and, if appropriate, to determine the cause. An experienced attorney can pinpoint multiple parties that may be accountable, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, like brakes, tires, coupling systems and cargo restraints. These items were designed to withstand a lot of wear and tear and should be maintained and repaired to avoid failure. If something goes wrong, it could make a truck driver unable to control the vehicle, and could cause fatal or serious collisions. The trucking company, manufacturer of parts, the parts dealer, or repair shop could be held accountable for the defective truck parts and equipment.
If an accident happens because of a malfunctioning piece of equipment or a part that is damaged, the victim can claim damages for both economic and non-economic damages. Economic damages can include medical expenses at present and in the future, lost income and the loss of earning potential. Noneconomic damages can include discomfort and pain and brain injuries that cause trauma and emotional anxiety. In certain circumstances, punitive damages are given to punish the defendant and stop future recklessness.
Despite the best efforts of trucking companies and their drivers, certain equipment issues will always arise. When this happens, it is important to determine the liable parties in order to seek compensation for your loss.
The highly experienced lawyers at Burch law firm can assist those who have been involved in a car accident. Contact us now to set up a complimentary consultation. Our lawyers will analyze the case, find responsible parties, and fight to get the compensation you deserve. We can assist you in obtaining the amount you need to pay for medical bills as well as lost wages and physical or emotional suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls 24/7 all week long.
3. Unproperly Loaded Cargo
The cargo that trucks transport on the road may seem easy enough, but there are strict rules that drivers and loaders must adhere to when stacking and secure their loads. If they don't follow these guidelines, it can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the most common reasons for truck accidents.
Most of these truck accidents are caused by cargo falling from the vehicle onto other vehicles or roads. This can be extremely dangerous since the cargo may create a hazard or obstacle on the road, and force motorists to swerve. It could also fall onto people who are walking or riding bicycles in the vicinity of a truck.
Based on the manner in which the incident occurred, a number of parties could be at fault. If the driver was negligent when loading his or her cargo, for example, that person might be held responsible under the legal theory of respondeat superior. The trucking company that employed the driver could also be held accountable in the sense that it is accountable for its employees' actions in accordance with the principle of vicarious liability.
An experienced attorney for accidents involving trucks can use police reports and professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims identify the right defendants to bring a lawsuit against for compensation for their loss. A successful claim may result in a settlement or verdict that will provide victims with the money they require to recover.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, share the responsibility of keeping their vehicles in good working order. Failure to do this could result in serious accidents. To ensure that trucks function properly, mechanical components are often checked and replaced. If this isn't done it results in an unsafe and dangerous road.
The cause of truck crashes is caused by dangerous weather and road conditions. Because of their size, trucks are more likely to be involved in accidents during stormy weather and on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the amount of time they are permitted to drive each day. These regulations are designed to protect the public, but if truck drivers don't follow them in order to meet deadlines or to make more money from their employers, it puts the public in danger.
Potholes and uneven surfaces can cause skidding. Other problems include inadequate lane markings like broken or solid lane lines that make drivers confused about which lane they're in, and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.
If a truck accident occurs due to poor road conditions, the trucking company or the government agency responsible for maintaining the road could be liable for the occurrence. It is necessary to prove that the person who caused the accident violated their duty of care in creating hazardous conditions, and this can include negligent hiring, maintenance of the vehicle, or drug testing. California law permits victims to recover damages for medical expenses and lost wages, as well as suffering and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians who are walking along roadways or even in their own backyards. Most pedestrians don't have protection from the massive size and weight of a large truck, and could suffer severe injuries, which are often fatal, from these kinds of crashes.
In these cases an attorney for personal injury will seek to recover compensation from the negligent party. In certain cases the responsible party could be the truck driver who ran a red signal and struck the pedestrian. In other instances it could be a trucking business that allowed the trucker to work longer than what is permitted by law, or failed to maintain the vehicle properly.
Accidents involving trucks and pedestrians tend to be caused by the driver's lack of attention or apathy. While this type of accident is common with any car accident, it may be more fatal due to the fact that truck drivers are typically higher in their cabs, and have larger blind spots that are hard to see.
A pedestrian injured in a car crash may be awarded compensation for medical expenses, lost earnings, pain and discomfort, and property damage. In some cases, the plaintiff is found to be partially at fault for the incident due to their own actions (such as not stepping over to the left side when the truck started to turn) the compensation they receive could be reduced in proportion. This is why it's crucial that you retain an experienced and knowledgeable personal injury attorney to take care of your case. Contact us now to begin.
