15 Things Your Boss Wished You Knew About Truck Accident Law
Truck Accident Law
A lawyer for truck accidents with expertise in the industry has a thorough understanding of the laws that govern truck drivers and trucking companies. They will seek out evidence, such as trucking company maintenance records which could justify a claim of negligence.
A NYC truck accident lawyer can assist you in determining who is the fault in your situation and help you recover for your injuries.
1. Fatigued or injured driver
The easiest way to determine who is at fault in a collision between a truck and a passenger car is to look at the behavior of the driver. A truck accident lawyer can examine the footage of surveillance and witness testimony to determine the driver who was responsible for the accident.
There are many places with surveillance cameras. This includes many intersections, interchanges, hotels gas stations, restaurants, and hotels. A skilled lawyer for truck accidents can make use of this evidence to identify the potential defendant, particularly when the driver seemed unobservant or distracted at the time of the crash.
In the event of a truck accident, the driver may be fatigued or injured at the time of the incident. The road logs of drivers could reveal if they had a sleepless night or did not observe 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 responsible for the negligent acts of their employee. A negligent hiring or training method could have contributed to this accident, as could the policies that encourage drivers to drive for as long as is possible while limiting their rest and sleep time, and thereby increasing the risk of an accident.
Government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A truck accident lawyer who is experienced can determine the agency responsible and engage a construction or maintenance contractor with experience to look into the root of any unsafe conditions or other unsafe conditions, if applicable. A knowledgeable attorney can identify several parties that could be responsible and seek compensation from each source.
2. Defective Equipment
Many truck accidents happen because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand the rigors of use and must be maintained and repaired to prevent failure. If something goes wrong it can leave the truck driver unable control the vehicle, and could cause fatal or serious collisions. bloomington truck wreck lawyer with defective truck parts and equipment may be the responsibility of several entities, including the trucking company or the manufacturer, as well as the parts dealer or repair shop.
If an accident occurred because of a malfunctioning part or piece of equipment, the injured party could seek damages for both economic and noneconomic losses. Economic damages may include current and future medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic and emotional distress. In certain cases punitive damages can be available to punish the defendant in order to stop similar negligence from occurring in the future.
Despite the best efforts of trucking companies and their drivers, certain equipment issues are inevitable. When this happens, it is important to determine the liable parties to claim compensation for your loss.
The skilled lawyers at Burch law firm can assist you if you've been in a truck accident. Contact us now to set up an appointment at no cost. Our lawyers will review the case, find responsible parties, and fight to get the compensation you deserve. We can assist you in obtaining compensation for medical expenses, lost wages, and emotional or physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a day seven days a week to answer your call.
3. Unloading Cargo Improperly
Truck drivers and loaders must adhere to strict regulations regarding stacking and securing cargo they transport on the road. Failure to follow these guidelines could cause serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the main causes of truck accidents.
The majority of these truck crashes are caused by cargo falling from the vehicle onto roads or other vehicles. This can be particularly risky because the cargo might create an obstacle or create a danger on the road, causing other drivers to slow down or smash into it. It may also fall on people who are biking or walking in the vicinity of the truck.
Depending on how the accident 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 liable according to the legal theory of respondeat superior. The trucking company employing that driver may also be liable in the sense that it is accountable for its employees' actions under the principle of vicarious accountability.
In the event that an accident occurred due to unsecurely 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 at fault. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to make a claim against to seek compensation for their loss. A successful claim may result in a settlement or a verdict that provides victims with 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 good condition, and when they fail to do so it could result in serious accidents. To ensure that trucks operate properly, mechanical components are regularly checked and replaced. If this isn't the case it can result in dangerous and unsafe roads.
Truck crashes can also be caused by weather conditions or road conditions. Because of their size, trucks are more likely to be involved in crashes when they drive in adverse weather conditions or on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the hours they are permitted to drive each day. These rules are intended to protect the public. However, when truckers ignore these rules in order to meet deadlines, or to make more money from employers, they put the public at risk.
Unsafe road conditions can include slick roads that hinder tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues can be due to inadequate markings for lane, such as solid or broken lines that confuse drivers about which lane they are in, or merging ramps that are too short for large vehicles to safely switch lanes.
If a car accident occurs due to poor road conditions the trucking company, or the government agency responsible for maintaining the road could be held accountable for the incident. The person responsible for causing the dangerous conditions must be proven to have breached its duty of care. This could be due to negligent hiring or maintenance of the vehicle, as well as testing for drugs. In accordance with California law, victims are able to claim compensation for medical expenses, lost income, suffering, and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a vehicle and can suffer catastrophic or fatal injuries.
In these situations an attorney for personal injury can seek compensation from the negligent party. In some instances the negligent party could be the truck driver who ran a red signal and struck a pedestrian. In other instances, it could be a trucking company which allowed the trucker work longer than what is permitted by law or did not maintain the vehicle properly.
Accidents involving trucks and pedestrians are often result from the driver's inattention or apathy. This type of accident is quite common in car accidents, but it can be deadly for truck drivers as they are higher up and have a larger blind zone which are difficult to perceive.
When a pedestrian is injured in a car accident and is injured, they may be awarded damages for medical expenses, loss of earnings, pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partly responsible for the crash because of their own actions, such as not moving over to the left shoulder when a truck began to swerve, they could receive compensation that is reduced. It is crucial to find an injury lawyer who is skilled and experienced to take care of your case. Contact us today to start.