A Productive Rant Concerning Truck Accident Law

Truck Accident Law

A truck accident lawyer with expertise in the field has a deep understanding of the laws which govern truck accident claim drivers and trucking firms. They will investigate to uncover evidence, including maintenance records of a trucking company, that may support a claim of negligence.

A NYC truck accident attorney can determine the responsible parties in your case and help you recover from your injuries.

1. Driver injured or fatigued

When a passenger vehicle collides with a truck, the easiest method to determine the liability is to examine the driver's actions and mannerisms. A truck accident attorney can utilize surveillance footage as well as witness testimony to determine which driver responsible.

A lot of places are equipped with surveillance cameras, such as most intersections and interchanges as some gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck accident lawyer to identify a possible defendant, particularly if a driver was distracted or unobservant at the moment of the accident.

In truck accidents the driver might be injured or fatigued at the time. A thorough investigation of the logs from the driver will reveal if they spent too long without sleeping or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and demand adequate rest breaks.

The trucking company can also be held accountable for the negligent actions of their employees. A negligent hiring or training practice could have contributed to the accident, and so could policies that encourage drivers to stay on the road for as long as they can, which can result in a reduction in rest and sleep time, and increasing their risk of an accident.

If a dangerous road resulted in an accident, the government agency accountable for maintaining it may be held accountable. A knowledgeable lawyer for truck accidents can identify the relevant agency and hire an experienced construction or maintenance contractor to investigate the cause of the unsafe condition in the event that it is applicable. A knowledgeable attorney can also determine which parties could be responsible and seek compensation from all sources.

2. Defective Equipment

Many truck accidents are caused by malfunctioning equipment, truck accident attorney such as brakes as well as the coupling system, tires and cargo restraints. These pieces of equipment were designed to withstand heavy use and should be maintained and repaired to avoid failure. If something goes wrong a trucker may be unable to control their vehicle and this could lead to fatal or serious accidents. The trucking company, the manufacturer, parts dealer, or repair shop can all be responsible for defective truck parts and equipment.

When an accident occurs because of a defective piece of equipment or component, the injured party can seek compensation for both economic and noneconomic losses. Economic damages could include medical expenses both now and in the future, loss of income and the loss of earning potential. Noneconomic damages include suffering and pain as well as traumatic brain injuries and emotional distress. In certain cases punitive damages might be available to punish the defendant to prevent similar negligence from happening again in the future.

Despite the best efforts of trucking companies and their drivers, some equipment problems are inevitable. When this happens, it is important to determine the liable parties to claim compensation for your losses.

If you've been injured in a truck crash, the experienced attorneys at the Burch Law Firm can assist. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will review your case, identify the responsible parties and fight to get the compensation you're entitled to. We can assist you in obtaining the compensation you deserve for medical bills and lost wages at 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 and seven days a semaine.

3. Improperly Loaded Cargo

Loaders and drivers of trucks must adhere to strict guidelines regarding stacking and securing the cargo they transport on the roads. If they don't follow these guidelines could cause serious problems. In a recent research, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the most common reasons for truck accidents.

A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This is particularly risky since the cargo may create a risk or a problem on the road, and force other drivers to swerve. It may also fall onto pedestrians or riders on a bike in the vicinity of the truck.

Based on the manner in which the incident took place, a variety of parties could be at fault. If a driver was negligent in loading their cargo, for example this person could be held responsible according to the legal theory of respondeat superior. However the trucking firm that employs that driver might be liable as well, because it is liable for the actions of its employees in accordance with the principle of vicarious liability.

An experienced truck accident attorney will use police reports as well as professional investigators to determine the root of an accident that was caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney will assist victims to determine who they should pursue a claim for compensation against. A successful claim may result in a settlement or verdict which gives victims the financial assistance they need to recover from their injuries.

4. Road conditions that are unsafe

Trucking companies and their drivers have a responsibility to maintain their trucks in good working condition, and when they fail to do so, it can lead to serious accidents. To ensure that trucks work correctly, mechanical parts are often checked and replaced. When this doesn't happen it results in a dangerous and unsafe roadway.

Accidents involving trucks can also be caused by hazardous weather and road conditions. Because of their size truck's size, they are more likely to crash in stormy weather conditions and on roads with a lot of water. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration rules about the hours they can drive per day. These rules are intended to protect the public, but when truck accident attorneys drivers ignore them in order to meet deadlines, or to get more money from their employers, it puts the public at risk.

Potholes and uneven surfaces can cause skidding. Other problems include inadequate lane markings like solid or broken lane lines that cause confusion for drivers about which lane they're on, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.

If a truck accident happens because of poor road conditions, the trucking firm or the government agency that is responsible to maintain that road may be held accountable. It is essential to prove that the party who caused the accident violated their obligation of care by creating unsafe conditions. This could include negligent hiring, maintenance of the vehicle, or drug screenings. Under California law, victims can seek compensation for medical expenses as well as lost income, suffering, and loss of quality of life.

5. Injury to a pedestrian

truck accident lawsuit accidents can be extremely dangerous for pedestrians who are walking along roads or in their yards. The majority of pedestrians are not protected from the huge size and weight of a large truck, and could suffer severe injuries, which are often fatal, from these kinds of accidents.

In these types of cases the personal injury attorney will seek compensation from the party that was negligent. In some cases, this may be as simple as the truck driver if they ran through a red light, and then struck the pedestrian, but in other instances, it could be the trucking company that permitted the trucker to work longer hours than permitted by law, did not perform proper maintenance on the vehicle, or conducted an examination of their background that could have revealed an occurrence of unsafe driving habits.

Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. While this type of incident is not uncommon in any car accident, it may be more dangerous due to the fact that truck drivers tend to be higher up in their cabs. They also have larger blind areas that are difficult to see.

If a pedestrian is injured in a truck accident it is possible to be awarded damages for medical bills, loss of earnings, pain and suffering, as well as property damage. However, there are instances where the plaintiff is found to be partially at fault for the crash due to their own actions, for example, failing to move over to the left shoulder when a truck started to swerve, they can be awarded less compensation. This is why it's vital to choose an experienced and knowledgeable personal injury lawyer to manage your case. Contact us now to get started.