11 Strategies To Completely Block Your Truck Accident Law
Truck Accident Law
A competent truck accident lawyer has a deep understanding of the trucking industry, encompassing the specific laws that apply to truck drivers and trucking companies. They will look into and find evidence such as maintenance records of the trucking company that could support a negligence claim.
A NYC truck accident lawyer can identify the parties who are negligent in your case, and assist you in recovering from your injuries.
1. Driver injured or fatigued
The most effective method of determining who is responsible in a collision between two vehicles, a truck and a vehicle is to scrutinize the driver's behavior. A truck accident attorney can utilize surveillance footage and witness testimony to determine which driver who is at fault.
A lot of places are equipped with surveillance cameras, such as most interstates and interchanges, as well some gas stations, hotels restaurants, and other businesses. A skilled lawyer for truck accidents could use this evidence to identify a potential defendant, particularly when the driver appeared unfocused or distracted when the accident occurred.
In the event of a truck accident, the driver may have been injured or fatigued at the time of the accident. The road logs of the drivers will show if they slept insufficiently or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.
The trucking company may also be held accountable for negligent actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep times and increasing their risk of accident could have also contributed.
The government agencies responsible for maintaining roads may also be accountable if a road that is unsafe caused the accident. 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 road and if it's applicable. An experienced attorney can identify multiple parties that may be responsible and seek compensation from each source.
2. Defective Equipment
Many truck accidents are the result of the malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand heavy usage and must be properly maintained and repaired to prevent failure. When something goes wrong a trucker may be unable to control their vehicle and this could result in fatal or serious accidents. Incorrect truck parts and equipment could be the responsibility of several different entities which include the trucking company or the manufacturer, as well as the repair or parts dealer shop.
If an accident took place because of a defective part or piece of equipment, the injured person may seek damages for economic and noneconomic losses. Economic damages can include medical expenses at present and in the future, lost income and the loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury and emotional distress. In certain circumstances punitive damages could be available to punish the defendant to prevent similar negligence from happening again in the future.
Despite the best efforts of trucking companies and drivers equipment issues will always occur. It is crucial to identify the responsible parties to seek compensation for your loss.
The experienced attorneys at Burch law firm can assist you in the event that you've been involved in a truck crash. Contact us today for a free consultation. Our lawyers will review the case, identify the responsible parties and fight for the compensation you're due. We can help you get compensation to cover medical bills as well as lost wages and physical or mental suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are accessible 24 hours a day and 7 days a week to answer your phone.
3. Unloading Cargo Unsafely
Loaders and drivers of trucks must follow strict guidelines regarding stacking and securing cargo they transport on the roads. Failure to follow these guidelines can lead to serious issues. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading reasons for truck accidents.
A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the road. This is especially risky due to the fact that the cargo may create an obstacle or cause a danger to the road, forcing motorists to swerve or smash into it. It could also fall on pedestrians or cyclists riding bicycles in the vicinity of trucks.
Based on the circumstances of the incident, there could be several parties at fault. If a driver was negligent in loading his or her cargo, for example it could be held accountable under the legal theory of respondeat superior. The trucking company that employed the driver may also be liable in the sense that it is accountable for its employees' actions under the principle of vicarious accountability.
In cases in which an accident happened because of improperly loaded or secured cargo, a seasoned truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was accountable. An attorney from Cordisco & Saile LLC can assist victims in determining the right defendants to file a claim against for compensation for their losses. A successful case could result in a settlement or verdict which will give victims the financial aid they need to cover the costs of.
4. Unsafe Road Conditions
The drivers and trucking companies have a duty to keep their trucks in a good working condition. If they fail to do so it could lead to serious accidents. Trucks often have mechanical parts that must be inspected and replaced in order for them to function correctly. When this doesn't happen it can result in an unsafe and dangerous road.
The road and weather conditions can also lead to truck crashes. Due to their size truck's size, they are more likely to crash in bad weather conditions and on roads with a lot of water. In addition truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive per day. These rules are designed to protect the public, but when truck drivers ignore them in order to meet deadlines, or to get more money from their employers, they put the public in danger.
Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues can be due to inadequate lane markings, such as solid or broken lines that confuse drivers about which lane they are in, or merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck accident happens because of road conditions that are not safe, the trucking firm or government agency accountable to maintain that road may be held accountable. The party who created the dangerous conditions must be proven to have breached its obligation of care. This could include negligent hiring or maintenance of vehicles, as well as drug testing. California law allows victims to claim damages for medical expenses and lost wages, as well as suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along the streets or in their own yards. The pedestrians aren't always protected from the weight and size of a truck, and may be severely injured or killed.
In these cases, an attorney for personal injury can seek compensation from the responsible party. In largo truck accident lawyer could be as straightforward as the truck driver who ran an intersection and struck the pedestrian, but in others it could be the trucking firm that permitted the trucker to work longer hours than permitted by law, failed to maintain the vehicle, or conducted a background check that would have found the existence of a history of dangerous driving habits.
Accidents involving trucks and pedestrians are often caused by the driver's inattentiveness or apathy. While this type of accident is common with any car accident, it can be more deadly due to the fact that truck drivers are typically higher up in their cabs. They also have bigger blind areas which are difficult to spot.
When a pedestrian is injured in a car accident and is injured, they may be awarded damages for medical expenses as well as loss of earnings, suffering and property damage. In some instances, the plaintiff is found partially at fault for the incident due to their own actions (such as not stepping over to the left side when the truck began to turn) the compensation they receive could be reduced accordingly. This is why it is essential to retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us today to get started.