The 10 Scariest Things About Truck Accident Law
Truck Accident Law
A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will conduct an investigation and discover evidence such as the maintenance records of the trucking firm that could prove negligence.
A NYC truck accident lawyer in NYC can determine the responsible parties in your case, and help you recover from your injuries.
1. Fatigued or injured driver
When a vehicle driven by a person collides with a truck, the most effective way to determine liability is to review the manner of driving and behavior. A truck accident lawyer can make use of surveillance footage and witness testimonies to determine the driver who is at fault.
Many locations are equipped with surveillance cameras, including most interchanges and intersections as well like some gas stations, hotels restaurants, and other businesses. A skilled truck accident lawyer could use this evidence to identify a potential defendant, particularly when the driver appeared unfocused or distracted during the time 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 will reveal if they slept too little or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company could also be held accountable for the negligence of their employees. A improper hiring or training procedure might have contributed to the accident, as can policies that encourage drivers to remain on the road for as long as possible, which can result in a reduction in rest and sleep time, and increasing their chance of being involved in an accident.
Government agencies responsible for maintaining roads can also be held liable if a hazardous roadway caused the accident. A knowledgeable lawyer for truck accidents can identify the relevant agency and hire an experienced maintenance or construction contractor to determine the cause of the unsafe situation, if applicable. An experienced attorney can determine which parties could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by faulty equipment, including the brakes and tires, coupling systems, and cargo restraints. These pieces of equipment were designed to withstand a lot of wear and tear and must be properly maintained and repaired to prevent failure. If something goes wrong the trucker might not be able to control their vehicle, and this could result in tragic or fatal accidents. The trucking company, the manufacturer of parts, the parts dealer, or repair shop could all be accountable for the malfunction of truck parts and equipment.
If an accident occurs because of a malfunctioning piece of equipment or a component the person who was injured can claim damages for both economic as well as non-economic losses. Economic damages can include future and present medical expenses lost income, loss of earning capacity. Noneconomic damages can include discomfort and pain as well as brain injuries that are traumatic, and emotional distress. In certain cases punitive damages might be available to punish the defendant in order to prevent similar wrongful acts from occurring again.
Despite the best efforts of trucking companies and their drivers, a few equipment problems are inevitable. If this happens, it is important to determine the liable parties so that you can seek compensation for your loss.
If you've been in a truck crash, the experienced attorneys at Burch Law Firm are able to help. Contact us now to set up an appointment for a no-cost consultation. dayton truck accident lawyer will analyze your case, identify the responsible parties and fight for the compensation you are entitled to. We can help you obtain compensation for medical bills, lost work wages, and emotional and physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a day and 7 days a week to take your call.
3. Improperly Loaded Cargo
The cargo that trucks carry on the road may appear easy enough, however there are strict rules that drivers and loaders must follow in terms of stacking and secure their loads. Failure to adhere to these guidelines could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading causes of truck accidents.
Most of these truck accidents are caused by cargo falling from the vehicle onto roadways or other vehicles. This can be especially dangerous since the cargo could cause an obstacle or cause a danger to the road, forcing other drivers to slow down or smash into it. It could also fall on pedestrians or cyclists riding bikes in the vicinity of the truck.
Based on the manner in which the incident took place, a variety of parties could be responsible. If a driver was negligent while loading his or her cargo, for example it could be held accountable according to the legal theory of respondeat superior. The trucking company that employed that driver may also be liable, as it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for accidents involving trucks will use police reports as well as professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. A Cordisco & SAIL LLC attorney will assist victims to determine which defendants they should submit a claim to compensation against. A successful claim may result in a verdict or settlement which will give victims the money they require to recover.
4. Unsafe Road Conditions
Trucking companies and their drivers are obliged to keep their trucks in good condition. If they fail to do so it could lead to serious accidents. There are many mechanical parts in trucks that need to be checked and replaced in order for them to work correctly. When this doesn't happen it results in dangerous and unsafe roads.
The road and weather conditions can also lead to truck crashes. Because of their dimensions, trucks are more likely to be involved in a crash if they drive in adverse conditions or on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are allowed to drive in a day. These rules are intended to safeguard the public. However truckers disregard these rules in order to meet deadlines or to get more money from employers, they are putting the public at risk.
Unsafe road conditions may include slippery pavement that prevents 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 the lane they're in, or merging ramps that are not long enough for large vehicles to safely switch lanes.
If a truck crash occurs because of road conditions that are not safe the trucking company or the government agency that is responsible to maintain that road could be held responsible. It is necessary to prove that the person in question violated their duty of care by creating unsafe conditions. This could include negligent hiring and maintenance of the vehicle, and drug testing. Under California law, victims can claim compensation for medical expenses, lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along roads or in their own backyards. People walking on foot are not always protected from the weight and size of a truck and can suffer fatal or catastrophic injuries.
In these instances an attorney who is able to handle personal injury will seek compensation from the responsible party. In some cases it could be as straightforward as the truck driver who ran a red light and struck the pedestrian, however in other cases it could be the trucking company that permitted the trucker to work longer shifts than is permitted by law, failed to maintain the vehicle, or conducted a background check which would have revealed the existence of a history of dangerous driving habits.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. This kind of accident is very common in car accidents, but it can be fatal for truck drivers because they are higher in the air and have greater blind zones that are difficult to discern.
A pedestrian injured in a car crash may be awarded compensation for medical expenses as well as lost earnings, discomfort and pain, and property damage. In some instances, where the plaintiff is found to be partially responsible for the crash due to their own actions, like failing to move over to the left shoulder when a truck began to swerve, they could receive compensation that is reduced. This is why it is important to hire a knowledgeable and experienced personal injury lawyer to handle your case. Contact us today to get started.