Many Of The Common Errors People Make With Truck Accident Law
Truck Accident Law
A lawyer for truck accidents who has experience in the field is well-versed in the laws that regulate truck drivers and trucking companies. They will investigate and uncover evidence such as maintenance records of the trucking firm that could prove negligence.
A NYC truck accident lawyer can assist you in determining who is responsible for your accident and assist you in recovering your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is responsible in a collision between two vehicles, a truck and a car is to look at the driver's behavior. An attorney for truck accidents can utilize surveillance footage and witness testimony to determine which driver who is at fault.
A lot of places are equipped with surveillance cameras, which includes the majority of intersections and interchanges as as some gas stations, hotels, restaurants, and other businesses. This evidence can be used by a truck wreck lawyer to determine a potential defendant, particularly if the driver appeared distracted or inattentive at the time of the incident.
In the event of a truck crash it is possible that the driver was fatigued or even injured at the time of the crash. The road logs of drivers can reveal whether they slept too little 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 may also be held accountable for the carelessness of their employees. A negligent hiring or training practice could have contributed to this accident, as could the policies that encourage drivers to drive for as long as possible, which can result in a reduction in sleep and rest time and thereby increasing the risk of an accident.
orlando truck accident lawyer that are responsible for maintaining roads can also be held accountable if a dangerous road caused the accident. A knowledgeable lawyer for truck accidents can identify the relevant agency and enlist a skilled construction or maintenance contractor to look into the cause of the unsafe situation and, if appropriate, to determine the cause. 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 due to defective equipment, including the brakes, tires, coupling systems, and cargo restraints. These pieces of equipment are designed to withstand rigorous usage and must be examined and maintained to avoid failure. When something goes wrong, truckers may not be able to control their vehicle, and it could cause serious or fatal accidents. Damaged parts and equipment for trucks could be the fault of a number of entities such as the trucking company or the manufacturer, as well as the parts dealer or repair shop.
If an accident happened because of a malfunctioning part or piece of equipment, the person injured may seek damages for economic and noneconomic damages. Economic damages can include medical expenses both now and in the future, loss of income and the loss of earning potential. Noneconomic damages may include discomfort and pain and brain injuries that cause trauma and emotional distress. In some cases punitive damages could be available to punish the defendant to prevent similar negligence from occurring again.
Even with the best efforts by trucking companies and drivers equipment malfunctions will always occur. It is essential to identify the responsible parties to seek compensation for your losses.
The highly experienced lawyers at Burch law firm will assist you if you've been involved in a truck crash. Contact us today for an appointment for a no-cost consultation. Our lawyers will analyze your case, identify the responsible parties and fight to get the compensation you are entitled to. We can help you obtain compensation to pay medical bills loss of wages, emotional or physical suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24 hours a day, seven days a week.
3. Improperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict guidelines when it comes to stacking and securing the cargo they transport on the road. Failure to follow these guidelines could result in serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the main reasons for truck accidents.
A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This is especially dangerous, as the cargo could create a hazard or obstacle on the road and force motorists to swerve. It could also fall onto pedestrians or riders on a bike in the vicinity of the truck.
Depending on how the accident was triggered, several parties could be responsible. If a driver was negligent in loading his or her cargo, for example it could be held responsible under the legal doctrine of respondeat superior. The trucking company employing that driver could also be held accountable for its actions, since it is responsible for its employees' actions under the principle of vicarious accountability.
In instances where an accident happened because of unsecurely loaded or secured cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who is at fault. A Cordisco & SAIL LLC attorney can assist victims in determining which defendants they should submit a claim to compensation against. A successful claim can result in a settlement or verdict that can provide victims with the financial assistance they require to recover.
4. Unsafe Road Conditions
Trucking companies, as the drivers they employ, bear an obligation to keep their vehicles in good working order. Failure to do this could lead to serious accidents. To ensure that trucks function properly, mechanical components are regularly checked and replaced. When this doesn't happen it results in an unsafe and dangerous road.
Truck accidents can also be caused by hazardous weather and road conditions. Because of their size, trucks are more likely to crash in bad weather conditions and on roads with a lot of water. Additionally, truck drivers must follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can travel each day. These rules are intended to protect the public. However truckers who ignore these rules in order to meet deadlines, or to earn more cash from employers, they place the public at risk.
Unsafe road conditions may include slick pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues are inadequate lane markings, such as solid or broken lane lines that cause confusion for drivers about which lane they're on, and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a truck crash occurs because of poor roadway conditions the trucking company or government agency responsible for maintaining that road could be held accountable for the occurrence. It is imperative to prove that the party who caused the accident violated their duty of care by creating hazardous conditions, and this can be a result of negligent hiring or maintaining the vehicle, and drug testing. California law permits victims to recover damages for medical expenses as well as lost wages, suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along streets or within their own yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and can be severely injured or killed.
In these instances an attorney who is able to handle personal injury may seek compensation from the person who caused the injury. In some cases it could be as simple as suing the truck driver if they ran through a red light, and then struck the pedestrian, but in other cases, it could be the trucking company that allowed the trucker longer shifts than required by law, did not conduct proper maintenance on the vehicle, or even conducted an investigation into the background of the driver which would have revealed the history of unsafe driving behavior.
Distraction or inattention are two of the most common causes of accidents involving trucks and pedestrians. This kind of accident is very common in car accidents, but it can be fatal for truck drivers as they are higher and have greater blind zones which are difficult to perceive.
A pedestrian injured in a car crash may receive compensation for medical costs loss of earnings, discomfort and pain, and property damage. In some cases, if the plaintiff is found partly accountable for the incident because of their own actions (such as not moving over to the left side when the truck started to turn) their compensation could be reduced accordingly. This is why it is vital to choose a knowledgeable and experienced personal injury lawyer to handle your case. Contact us now to get started.