Many Of The Common Errors People Do With Truck Accident Law
Truck Accident Law
A lawyer who has expertise in the field is well-versed in the laws which govern truck drivers and trucking companies. They will look into evidence, including the maintenance records of trucking companies that could be used to justify a claim of negligence.
A NYC truck accident lawyer in NYC can help you determine who is responsible for your accident and help you recover your injuries.
1. Injured or fatigued Driver
When a vehicle driven by a person is involved in a collision with a truck the easiest way to determine who is at fault is to scrutinize the driver's actions and demeanor. A lawyer for truck accidents can examine video surveillance footage and witness testimony to determine who was responsible for the accident.
Many places are equipped with surveillance cameras, such as most interstates and interchanges, as well in some hotels, gas stations restaurants, and other businesses. This evidence can be used by a truck accident lawyer to identify a possible defendant, particularly if the driver seemed distracted or unfocused at the time of the accident.
In cases of truck accidents it could be that the driver was tired or injured at the time of the crash. The road logs of the drivers will reveal if they slept too little or didn't follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company may also be held accountable for carelessness of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their rest and sleep time and putting them at risk for accidents could have also contributed.
If a hazardous road caused an accident, the government agency responsible for its maintenance can be held accountable. A truck accident lawyer who is well-versed can identify the responsible agency and engage an expert in construction or maintenance who is experienced to investigate the cause of any unsafe conditions, if applicable. A knowledgeable attorney can identify various parties who could be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents occur as a result of faulty equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to withstand a lot of usage and must be checked, maintained, and repaired to prevent failure. When something goes wrong a trucker may be unable to control their vehicle and it could cause fatal or serious accidents. The trucking company, the manufacturer of parts, the parts dealer, or repair shop can be held accountable for the defective truck parts and equipment.
If an accident occurs because of a defective piece of equipment or a component, the injured party can seek damages for both economic and non-economic damages. Economic damages can include medical expenses at present and in the future, loss of income and loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury emotional distress. In certain instances, punitive damages may be awarded to punish the defendant and stop future mistakes.
Despite the best efforts of trucking companies and their drivers issues will always arise. When this happens, it's crucial to identify the responsible parties in order to seek compensation for your loss.
The highly skilled attorneys at the Burch law firm can assist those who have been involved in a truck crash. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will evaluate your case, identify liable parties, and fight to secure the compensation you deserve. We can assist you in recovering the compensation you deserve for medical bills as well as lost wages from work, as well as physical and mental suffering. We handle cases in Missouri including Jefferson City and Columbia. We are accessible 24 hours a day, 7 days a weeks to take your call.
3. Unloading Cargo Incorrectly
Drivers and loaders of trucks must follow strict guidelines regarding stacking and securing the cargo they transport on the road. Infractions to these rules could cause serious issues. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents.
Many of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly dangerous because the cargo could create a risk or a problem on the road and cause motorists to swerve. It can also fall onto people who are walking or riding a bicycle in the vicinity of the truck.
Based on the manner in which the incident was triggered, several parties could be responsible. If a driver was negligent in loading his or her cargo, for instance this person could be held accountable under the legal principle of respondeat superior. The trucking company that employed that driver may also be liable for its actions, since it is responsible for its employees' actions in accordance with the principle of vicarious liability.
In the event that accidents occur due to improperly loaded or secured cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was responsible. A Cordisco and SAIL LLC lawyer can assist victims in determining the defendants they should file a claim for compensation against. A successful claim could result in a settlement or a verdict that provides victims with the financial aid they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies, as well as their drivers, have the obligation of keeping their vehicles in good working condition. Failure to do this can result in serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced to allow they to function properly. When this doesn't happen, the result is an unsafe and hazardous road.
Truck accidents can also be caused by dangerous weather and road conditions. Due to their massive size, trucks are more likely to be involved in a crash if they drive in adverse weather or on wet roads. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they are allowed to drive in a day. These rules are meant to protect the public. However, when truckers ignore these rules to meet deadlines, or to earn more money from employers, they are putting the public at risk.
Unsafe road conditions can include slick pavement that prevents tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues could be caused by inadequate road markings, such broken or solid lines that confuse drivers regarding which lane they're in, or merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a truck crash occurs because of poor roadway conditions the trucking firm or government agency that is responsible for maintaining the road could be held accountable for the incident. It is necessary to prove that the party responsible for the incident violated their obligation of care by creating hazardous conditions, and this may include negligent hiring or maintenance of the vehicle, or drug tests. Under California law, victims can recover damages for their medical bills, lost income, suffering, and loss of quality of life.
5. Pedestrian injuries
Truck accidents can be extremely hazardous for pedestrians walking along roads or within their own yards. Pedestrians typically have no protection from the huge size and the weight of a truck and they can sustain catastrophic and often fatal injuries in these kinds of crashes.
In these situations an attorney who is able to handle personal injury can seek compensation from the responsible party. In some instances the party who was negligent could be the driver of the truck who ran a red flag and struck a pedestrian. However, in other cases it could be a trucking firm which allowed the trucker to work longer than the law allows or did not maintain the vehicle in a proper manner.
denton truck accident lawsuit or inattention are among the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is very common in car accidents, but it could be deadly for truck drivers due to the fact that they are higher up and have more blind zones that are difficult to discern.
A pedestrian who is injured in a crash with a truck can receive compensation for medical expenses loss of earnings, discomfort and pain, and property damage. In some instances, where the plaintiff is found to be partially accountable for the accident because of their own actions, such as not stepping over to the left shoulder when a truck started to swerve, they could be awarded a lower amount of compensation. It is essential to choose an injury lawyer that is experienced and knowledgeable to manage your case. Contact us now to get started.