Five People You Need To Know In The Truck Accident Law Industry
Truck Accident Law
A competent truck accident lawyer possesses in-depth knowledge of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will conduct an investigation to find evidence, such as maintenance records of a trucking company which could support a claim of negligence.
A NYC truck accident lawyer can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Injured or fatigued Driver
If a car that is a passenger is involved in a collision with a truck the most effective method to determine the liability is to look at the conduct of the driver and his manner. A truck accident lawyer can use surveillance footage and witness testimonies to determine the driver at fault.
There are many places with surveillance cameras. This includes all intersections hotels, interchanges, gas stations and restaurants. This evidence can be used by a truck crash lawyer to identify a possible defendant, particularly if the driver was distracted or unobservant at the moment of the accident.
In the event of a truck accident the driver may be injured or fatigued at the time. The road logs of the drivers can reveal whether they slept insufficiently or did not follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
cambridge truck wreck lawyer could be held responsible for the negligent acts of their employee. 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, while reducing their rest and sleep times and thereby increasing their risk of being injured may have contributed.
If a hazardous road caused an accident, the government agency responsible for its maintenance can be held responsible. A truck accident lawyer who is knowledgeable can identify the responsible agency and then hire an expert in construction or maintenance who is experienced to investigate the cause of any unsafe conditions in the event of a case. A skilled attorney can identify the multiple parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These equipments are designed to withstand a lot of use and must be properly inspected, maintained, and repaired to prevent failure. When something goes wrong it could leave a truck driver unable to control the vehicle and can result in serious or fatal collisions. The trucking company, manufacturer of parts, the parts dealer, or repair shop can all be responsible for defective truck parts and equipment.
If an accident occurred because of a defect in a component or piece of equipment, the victim could seek compensation for economic and noneconomic losses. Economic damages can include future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries, and emotional distress. In certain circumstances, punitive damages may also be available to punish the defendant in order to stop similar mistakes from occurring again.
Even with the best efforts by trucking companies and drivers equipment malfunctions are a given. It is crucial to identify the responsible parties to seek compensation for the loss.
If you've been involved in a truck accident the skilled attorneys at Burch Law Firm can assist. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will review your case, determine liable parties and fight to get the compensation that you deserve. We can assist you in obtaining the compensation you deserve for medical bills, lost work wages, and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are on hand to answer your calls 24 hours a day all week long.
3. Unloading Cargo in a way that isn't safe
The cargo that trucks carry on the road may seem straightforward enough, but there are strict guidelines that drivers and loaders must adhere to when stacking and secure their loads. If they don't follow these guidelines could lead to serious problems. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the major causes of truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the road. This is particularly dangerous due to the fact that the cargo may create an obstacle or cause a danger to the road, causing other drivers to swerve or crash into it. It could also fall on pedestrians who are cycling or walking near the truck.
Depending on how the accident was triggered, several parties could be at fault. A driver who was negligent when loading his or cargo could be held liable under the legal theory of respondeat superior. The trucking company who employed the driver may also be liable for its actions, since it is responsible for its employees' actions in accordance with the principle of vicarious liability.
An experienced attorney for truck accidents can use police reports and professional investigators to identify the cause of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco & Saile LLC can assist victims in determining the right defendants to bring a lawsuit against for compensation for their loss. A successful case could result in a verdict or settlement that provides victims with the financial assistance they require to recover.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their vehicles in good condition. If they fail to do so it could lead to serious accidents. To ensure that trucks operate properly, mechanical components are frequently checked and replaced. When this doesn't happen, the result is an unsafe and dangerous road.
The road and weather conditions can also trigger truck accidents. Due to their huge size, trucks are more likely to be involved in a crash when they drive in bad weather conditions or on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they are allowed to drive in a day. These rules are meant to protect the public. However truckers disregard them to meet deadlines, or to earn more money from employers, they place the public at risk.
Unsafe road conditions include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues could be caused by inadequate markings for lane lines, like solid or broken lines that confuse the driver about which lane they are in, or merging ramps that are not long enough 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 responsible to maintain the road could be held responsible. The person responsible for causing the hazardous conditions must be proven guilty of breaching its obligation of care. This could be due to negligent hiring or maintenance of vehicles, as well as testing for drugs. In accordance with California law, victims can claim compensation for medical bills and lost income, pain, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians who are walking along the roads or even in their yards. People who walk on foot are usually not protected from the enormous size and the weight of a truck and they can sustain catastrophic or even fatal injuries from such crashes.
In these kinds of cases, a personal injury attorney will pursue compensation from any party who was negligent. In certain cases the negligent party could be the truck driver who crossed a red light and struck the pedestrian. In other instances, it could be a trucking firm that allowed the trucker to work longer than the law allows, or failed to maintain the vehicle in a proper manner.
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 crash, it can be more dangerous due to the fact that truck drivers tend to be higher in their cabs and have bigger blind areas that are difficult to discern.
If a pedestrian gets injured in a crash involving a truck and is injured, they may be awarded damages for medical bills or loss of earnings pain and suffering, and property damage. In some instances, where the plaintiff is found to be partially responsible for the crash because of their own actions, like not stepping over to the left shoulder when a truck began 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 lawyer to take care of your case. Contact us now to begin.