11 Strategies To Completely Block Your Truck Accident Law
Truck Accident Law
A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will conduct an investigation to find evidence, like maintenance records of a trucking company, that may support a claim of negligence.
A NYC truck accident lawyer in NYC can determine the negligent parties in your case, and help you recover from your injuries.
1. Fatigued or Injured Driver
If a vehicle carrying passengers collides with a truck the most efficient way to determine liability is to review the driver's actions and mannerisms. A truck accident lawyer can utilize surveillance footage and testimony from witnesses to determine the driver who is at fault.
Many places are equipped surveillance cameras, such as most interchanges and intersections as well as some gas stations, hotels, restaurants, and other establishments. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if a driver was distracted or unobservant at the time of the incident.
In truck accidents the driver might have been injured or fatigued at the time of the accident. The road logs of drivers can reveal whether they had a sleepless night or did not observe 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 the negligence 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, while reducing their rest and sleep time and thereby increasing their risk of being injured, may also have contributed.
Government agencies that are responsible for maintaining roads may also be accountable if a dangerous road caused the accident. nashua truck accident lawsuit can identify the relevant agency and employ a competent maintenance or construction contractor to investigate the cause of the unsafe condition in the event that it is applicable. A seasoned attorney can determine the various parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are the result of defective equipment. This includes tires, brakes and cargo restraints. These items were designed to withstand the rigors of use and should be maintained and repaired to prevent failure. When something goes wrong it can leave a truck driver unable to control the vehicle and could result in serious or fatal collisions. The trucking company, the manufacturer, parts dealer, or repair shop can be held accountable for the defective truck parts and equipment.
If an accident happened because of a malfunctioning part or piece of equipment, the injured party may seek damages for economic and noneconomic losses. Economic damages are a combination of future and current medical expenses loss of income, loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress, and traumatic brain injury. In certain cases, punitive damages can be given to penalize the defendant and prevent future negligence.
Despite the best efforts of trucking companies and their drivers, some equipment problems are inevitable. When this happens, it's important to determine the liable parties to claim compensation for your losses.
If you have been involved in a truck crash, the experienced attorneys at the Burch Law Firm can help. Contact us today for a complimentary consultation. Our lawyers will analyze the case, identify the responsible parties, and fight for the compensation you're entitled to. We can help you recover compensation to cover medical bills, lost wages, and physical or emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are on hand to answer your calls 24/7, seven days a week.
3. Improperly loaded Cargo
Truck drivers and loaders must follow strict guidelines when it comes to stacking and secure the cargo they transport on the road. If they don't follow these guidelines could cause serious problems. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the leading causes of truck accidents.
Most of these truck accidents result from cargo falling from the vehicle onto other vehicles or roads. This can be especially dangerous due to the fact that the cargo may create an obstacle or hazard on the road, causing motorists to swerve or to crash into it. It could also fall on pedestrians who are biking or walking near the truck.
Based on the manner in which the incident took place, a variety of parties could be responsible. If a driver was negligent in loading his or her cargo, for instance it could be held responsible according to the legal theory of respondeat superior. The trucking company who employed the driver may also be liable in the sense that it is accountable for the actions of its employees in accordance with the principle of vicarious liability.
In cases in which an accident occurred due to unsafely 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 is at fault. A Cordisco and SAIL LLC attorney will assist victims to determine who they should make a claim for compensation against. A successful claim can result in a settlement or a verdict that gives victims the financial assistance they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their trucks in a good working condition, and when they fail to do so they could cause serious accidents. To ensure that the trucks are operating correctly, mechanical components are frequently checked and replaced. If this doesn't happen it results in a dangerous and unsafe roadway.
Truck accidents can also be caused by hazardous weather and road conditions. Due to their massive size, trucks are much more likely to be involved in a crash when they travel in bad conditions or on roads that are wet. Additionally truck drivers must adhere to 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, when truckers ignore them in order to meet deadlines or to earn more money from employers, they are putting the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings such as broken or solid lane lines that cause confusion for drivers about which lane they're in, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
If a truck accident happens due to road conditions that are poor the trucking company or the government agency that is responsible to maintain the road could be held accountable. The party responsible for creating the dangerous conditions needs to be proven to have violated its obligation of care. This can include negligent hiring or vehicle maintenance, as well as drug testing. In accordance with California law, victims are able to get compensation for medical expenses or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. Pedestrians are often not protected from the weight and size of a vehicle and can be severely injured or killed.
In these kinds of cases, a personal injury attorney will seek compensation from the party that was negligent. In some instances, the negligent party may be the truck driver who ran a red flag and hit the pedestrian. But in other cases it could be a trucking firm which allowed the trucker to work longer than the time allowed by law or failed to maintain the vehicle in a proper manner.
Distraction or inattention are the most common causes of accidents involving trucks and pedestrians. While this kind of incident is normal in any car accident, it may be more dangerous due to the fact that truck drivers are typically higher up in their cabs and have larger blind spots that are difficult to discern.
When a pedestrian is injured in a collision with a truck and is injured, they may be awarded compensation for medical bills as well as loss of earnings, pain and suffering, and property damage. However, there are cases where the plaintiff is found to be partially accountable for the accident because of their own actions, for example, failing to move over to the left shoulder when a truck began to swerve, they will be awarded less compensation. It is important to hire an injury lawyer that is experienced and knowledgeable to manage your case. Contact us today to begin.