The 10 Most Terrifying Things About Truck Accident Law
Truck Accident Law
A skilled lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will conduct an investigation and discover evidence such as the maintenance records of the trucking company that could prove negligence.
A NYC truck accident lawyer can assist you in determining who's responsible for your accident and assist you in recovering your injuries.
1. Fatigued or Injured Driver
When a vehicle driven by a person encounters a truck, the easiest method of determining the extent of liability is to look at the manner of driving and behavior. A lawyer for truck accidents can examine surveillance footage and witness testimony to determine which driver was responsible for the accident.
There are many places with 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 determine a potential defendant, particularly if a driver was distracted or unobservant at the moment of the accident.
In the event of a truck crash it could be that the driver was tired or injured at the time of the accident. The road logs of the drivers will reveal if they were sleeping too much or didn't follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company can also be held responsible for the negligent actions of their employee. A negligent hiring or training process might have contributed to the accident, as can policies that encourage drivers to remain on the road for as long as they can, minimizing their rest and sleep time and thereby increasing the risk of being involved in an accident.
If a road with a danger factor contributed to an accident, the government agency accountable for maintaining it may be held responsible. A knowledgeable truck accident lawyer can identify the relevant agency and then hire a seasoned construction or maintenance contractor to look into the cause of the dangerous condition, if applicable. A knowledgeable attorney can identify multiple parties that may be responsible and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, such as brakes and tires, coupling systems, and cargo restraints. These pieces of equipment were created to withstand the rigors of use and must be maintained and repaired to prevent failure. If something goes wrong the trucker might not be able to control their vehicle, and this can lead to tragic or fatal accidents. Incorrect parts and equipment for trucks could be the fault of a variety of entities that include the trucking firm, the manufacturer, and the parts dealer or repair shop.
If an accident took place because of a defect in a component or piece of equipment, the person injured may seek damages for economic and noneconomic losses. Economic damages are a combination of future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages may include discomfort and pain or traumatic brain injuries and emotional anxiety. In certain cases, punitive damages are awarded to penalize the defendant and prevent future negligent behavior.
Despite the best efforts by trucking companies and drivers, equipment problems are inevitable. It is crucial to identify the parties responsible in order to seek compensation for your losses.
If you have been involved in a collision with a truck the skilled attorneys at the Burch Law Firm can help. Contact us today for an initial consultation for free. Our lawyers will examine your case, find liable parties and fight to get the compensation that you deserve. We can help you obtain compensation to cover medical bills or lost wages, as well as physical or emotional pain. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls 24 hours a day 7 days a week.
3. Unproperly Loaded Cargo
Drivers and loaders of trucks must follow strict guidelines when it comes to stacking and securing cargo they transport on the road. If they don't follow these guidelines, it can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the leading causes of truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This is especially risky since the cargo could cause an obstacle or cause a danger to the road, causing drivers to turn around or to crash into it. It could also fall on pedestrians or cyclists riding bikes within the vicinity of a truck.
Based on the manner in which the incident was triggered, several parties could be at fault. If a driver was negligent while loading his or her cargo, for example this person could be held liable under the legal doctrine of respondeat superior. The trucking company who employed the driver may also be liable for its actions, since it is responsible for the actions of its employees under the principle vicarious responsibility.
An experienced lawyer for truck accidents will use police reports as well as professional investigators to determine the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can help victims determine the appropriate defendants to file a claim against for compensation for their losses. A successful claim could result in a settlement or verdict that gives victims the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their trucks in good working condition, and when they fail to do this, it can lead to serious accidents. To ensure that trucks work properly, mechanical parts are often inspected and replaced. If this is not done, it could result in a dangerous and unsafe road.
columbus truck accident lawsuit of the road and weather can also lead to truck crashes. Due to their huge dimensions, trucks are more likely to be involved in a crash if they are driving in bad 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 rules are intended to safeguard the public. However, when truckers ignore them to meet deadlines or to earn more money from employers, they are putting the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues can be due to inadequate lane markings, such as broken or solid lines that confuse the driver about the lane they're in, and merging ramps that are too short for large vehicles to safely switch lanes.
If a truck accident happens due to poor road conditions, the trucking firm or government agency accountable to maintain that road could be held liable. The party who created the hazardous conditions must be proven to have violated its obligation of care. This can include negligent hiring or maintenance of vehicles, as well as testing for drugs. In accordance with California law, victims can claim compensation for medical expenses and lost income, pain, and loss of quality of life.
5. Injury to a pedestrian
Truck accidents pose danger to pedestrians on the streets or even in their yards. The majority of pedestrians are not protected from the size and the weight of a truck and they can sustain catastrophic, often fatal injuries from these types of crashes.
In these types of situations in these types of cases, a personal injury lawyer will seek compensation from any party that was negligent. In some cases it could be as simple as the truck driver who ran an intersection and struck the pedestrian, however in other cases, it could be the trucking firm that permitted the trucker to work longer shifts than required by law, failed to conduct proper maintenance on the vehicle, or even conducted an investigation into the background of the driver that would have found an occurrence of unsafe driving habits.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. While this type of accident is not uncommon in any car accident, it may be more fatal due to the fact that truck drivers are typically higher in their cabs and have bigger blind areas which are difficult to spot.
If a pedestrian gets injured in a car accident and is injured, they may be awarded compensation for medical expenses, loss of earnings, pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partially at fault for the crash due to their own actions, like failing to move over to the left shoulder when a truck started to swerve or avert, they may be awarded a lower amount of 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.