The Reasons You're Not Successing At Truck Accident Law
Truck Accident Law
A lawyer for truck accidents who has expertise in the field is well-versed in the laws that govern truck drivers as well as trucking companies. They will look into evidence, like the maintenance records of trucking companies which may be evidence to provide evidence to support a claim of negligence.
A NYC truck accident lawyer will identify the parties who are negligent in your case, and assist you in recovering from your injuries.
1. Fatigued or injured driver
If a car that is a passenger collides with a truck the most effective method to determine the liability is to look at the driver's actions and demeanor. An attorney for truck accidents can utilize surveillance footage and witness testimony to determine which driver responsible.
There are many places with surveillance cameras. This includes all intersections hotels, interchanges gas stations, restaurants, and hotels. A skilled lawyer for truck accidents can make use of this evidence to identify a potential defendant, particularly when the driver appeared unfocused or distracted at the time of the crash.
In cases of truck accidents, it is also possible that the driver was tired or injured during the time of the crash. The road logs of drivers can reveal whether 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 can also be held accountable for carelessness of their employees. A negligent hiring or training practice could have contributed to the accident, as could the policies that encourage drivers to drive for as long as is possible while limiting their rest and sleep time, and increasing their risk of an accident.
If a dangerous road caused an accident the government agency responsible for maintaining it can be held accountable. A skilled truck accident lawyer can identify the appropriate agency and enlist a skilled construction or maintenance contractor to determine the cause of the unsafe condition, if applicable. A knowledgeable attorney can also determine which parties could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These equipments are designed to stand up to the rigors of use and must be properly examined, maintained, and repaired to avoid failure. When something goes wrong a trucker may be unable to control their vehicle and this can lead to serious or fatal accidents. Incorrect parts and equipment for trucks could be the fault of several different entities which include the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident happens because of a defective piece of equipment or a component that is damaged, the victim can seek damages for both economic and non-economic damages. Economic damages may include medical costs at present and in the future, loss of income and loss of earning potential. Noneconomic damages could include discomfort and pain, traumatic brain injuries, and emotional distress. In certain instances punitive damages can be available to punish the defendant in order to prevent similar wrongful acts from occurring in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment problems will arise. It is important to identify the responsible parties to pursue compensation for your losses.
If you have been involved in a collision with a truck, the experienced attorneys at Burch Law Firm can help. Contact us today for an appointment at no cost. Our lawyers will examine the case, find responsible parties and fight for the compensation you deserve. We can help you recover compensation for medical expenses or lost wages from work and emotional and physical suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls all day, seven days a week.
3. Improperly Loaded Cargo
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 result in serious issues. In a recent research, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the major causes of truck accidents.
A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the road. This is especially risky because the cargo might create an obstacle or hazard on the road, forcing other drivers to slow down or smash into it. It could also fall on pedestrians or riders on a bike in the vicinity of the truck.
Depending on the way in which the accident occurred, a number of parties could be responsible. A driver who was negligent while loading his cargo may be held responsible under the legal theory of respondeat superior. However the trucking company which employs that driver might be held accountable, too, since it is accountable for the actions of its employees based on the principle of vicarious liability.
In santa monica truck wreck lawyer where an accident was caused by inadequately secured or loaded cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who is at fault. A Cordisco and SAIL LLC attorney will assist victims to determine who they should file a claim for compensation against. A successful claim can result in a settlement or verdict that can provide victims with the money they require to recuperate.
4. Road conditions that are unsafe
Trucking companies, as well their drivers, share an obligation to keep their trucks in a good working condition. In the absence of this, it can result in serious accidents. To ensure that trucks function correctly, mechanical parts are frequently checked and replaced. If this is not done, it could result in a dangerous and unsafe road.
The conditions of the road and weather can also cause truck crashes. Because of their size trucks are more prone to crash in stormy conditions and on roads that are wet. Additionally, truck drivers must follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive each day. These rules are meant to protect the public. However truckers who 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 include insufficient road markings, such solid or broken lines that confuse drivers on which lane they're in, or merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck crash occurs due to road conditions that are not safe, the trucking company or government agency responsible for maintaining that road could be liable for the accident. The party who created the hazardous conditions must be proven to have breached its duty of care. This could include negligent hiring, vehicle maintenance, and drug testing. In accordance with California law, victims can recover damages for their medical expenses, lost income, suffering and loss of quality of life.
5. Injuries to pedestrians
Truck accidents are dangerous for pedestrians walking along roads or even in their yards. Most pedestrians don't have protection from the huge size and weight of a truck, and can suffer catastrophic, often fatal injuries from such crashes.
In these instances an attorney for personal injury will seek compensation from the negligent party. In some instances the party who was negligent could be the truck driver who crossed a red light and hit the pedestrian. But in other cases it could be a trucking company that allowed the trucker to work longer than the law allowed, 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. This type of accident happens frequently in car accidents, but it can be deadly for truck drivers due to the fact that they are higher and have larger blind zones which are difficult to perceive.
If a pedestrian gets injured in a crash involving a truck, they can be awarded damages for medical bills, loss of earnings, injuries and suffering, as well as property damage. In some cases, if the plaintiff is found partly responsible for the accident due to their own actions (such as not transferring to the left side when the truck began to accelerate) their compensation could be reduced in proportion. It is essential to choose a personal injury lawyer that is experienced and knowledgeable to take care of your case. Contact us now to begin.