Truck Accident Law: What Nobody Is Talking About

Truck Accident Law A lawyer for truck accidents who has expertise in the industry has a thorough understanding of the laws that govern truck drivers and trucking firms. They will look into evidence, such as maintenance records for trucking companies which could provide evidence to support a claim of negligence. A NYC truck accident lawyer in NYC can assist you in determining who is at fault for your incident and help you recover for your injuries. 1. Fatigued or Injured Driver If a car that is a passenger encounters a truck, the easiest way to determine who is at fault is to look at the conduct of the driver and his manner. A lawyer for truck accidents will review surveillance footage and witness statements to pinpoint the driver who was responsible for the accident. There are many places with surveillance cameras. This includes the majority of intersections, interchanges, hotels, gas stations and restaurants. A skilled lawyer for truck accidents can make use of this evidence to identify potential defendants, particularly when the driver seemed unobservant or distracted when the accident occurred. In the event of a truck crash, it could be that the driver was tired or injured at the time of the crash. A thorough examination of the driver's track logs will reveal if they slept too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time that truckers spend on the road and require adequate rest breaks. The trucking company may also be held accountable for 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 putting them at risk for accidents could have also contributed. Government agencies that are responsible for maintaining roads may also be accountable if a dangerous road caused the accident. A truck accident lawyer who has experience can identify the responsible agency and then an expert in construction or maintenance with experience to investigate the causes of any dangerous conditions or other unsafe conditions, if applicable. A knowledgeable attorney can also identify the multiple parties that could be accountable and seek out compensation from all sources. 2. Defective Equipment Many truck accidents are caused by faulty equipment, including brakes, tires, coupling systems and cargo restraints. These pieces of equipment were designed to withstand a lot of wear and tear and should be maintained and repaired to prevent failure. When something goes wrong, it could make the driver of a truck in a position to control the vehicle and can result in fatal or serious collisions. Damaged truck parts and equipment may be the responsibility of a variety of entities such as the trucking company, the manufacturer, and the repair or parts dealer shop. If an accident took place because of a defective part or piece of equipment, the injured party could seek damages for both economic and non-economic losses. Economic damages are a combination of future and current medical expenses loss of income, loss of earning capacity. Noneconomic damages may include discomfort and pain or traumatic brain injuries and emotional distress. In certain circumstances, punitive damages can be given to punish the defendant and stop future recklessness. Despite the best efforts of trucking companies and their drivers, some equipment issues will always arise. When this happens, it is crucial to identify the responsible parties so that you can seek compensation for your loss. If you have been involved in a truck collision The experienced lawyers at Burch Law Firm are able to assist. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will go over the case, identify responsible parties and fight for the compensation you deserve. We can assist you in recovering compensation for medical expenses, lost work wages, and emotional and physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available to take your calls 24 hours a day and seven days a semaine. 3. Improperly loaded Cargo The cargo that trucks carry on the roads may seem easy enough, however there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. If they don't follow these guidelines, it could cause serious issues. In a recent study the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the most common causes of truck accidents. Many of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the road. This is especially risky because the cargo might create an obstruction or create a risk on the road, forcing drivers to turn around or hit it. It could also fall on people who are biking or walking within the vicinity of the truck. Based on the circumstances of the incident, there could be multiple parties at fault. A driver who was negligent when loading his or her cargo could be held liable under the legal theory respondeat superior. The trucking company employing that driver may also be liable for its actions, since it is responsible for the actions of its employees in accordance with the principle of vicarious liability. In instances where an accident happened because of 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 & Saile LLC can assist victims in determining the proper defendants to bring a lawsuit against for compensation for their losses. A successful case could result in a settlement or verdict that will provide victims with the financial aid they need to recover. 4. Unsafe Road Conditions The trucking companies, as well as their drivers, have the obligation of keeping their vehicles in good working condition. If they don't, it could lead to serious accidents. Trucks are often equipped with mechanical parts that must be inspected and replaced in order for them to work correctly. When this doesn't happen it can result in dangerous and unsafe roads. Truck crashes can also be caused by dangerous weather or road conditions. Because of their size trucks are more likely to crash in bad weather conditions and on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they are permitted to drive each day. These regulations are designed to protect the public. However, when truckers ignore them to meet deadlines, or to earn more cash from employers, they are putting the public at risk. Potholes and uneven surfaces can cause skidding. Other problems can include inadequate markings for lane, such as broken or solid lines that confuse drivers about which lane they are in, and merging ramps that are not long enough for large vehicles to safely switch lanes. If a truck crash occurs because of poor roadway conditions, the trucking company, or the government agency that is responsible for maintaining the road may be held liable for the incident. The person who caused the hazardous conditions must be proven to have breached its obligation of care. This could be due to negligent hiring or maintenance of vehicles, as well as drug testing. California law permits victims to claim damages for medical bills and lost wages, as well as suffering and loss of quality life. 5. Injuries to Pedestrians Truck accidents can be extremely hazardous for pedestrians who are walking along roadways or even in their own yards. People walking on foot are not always protected from the weight and size of a truck and can be terribly injured or killed. In these types of cases, a personal injury attorney will pursue compensation from any party who was negligent. In louisville truck accident lawsuit could be the truck driver who crossed a red light and struck the pedestrian. In other instances, it could be a trucking firm which allowed the trucker work longer than the law allows or failed to maintain the vehicle in a timely manner. Accidents involving trucks and pedestrians are usually caused by the driver's lack of attention or distraction. While this type of incident is typical of any car accident, it can be more fatal due to the fact that truck drivers tend to be higher up in their cabs and have bigger blind areas that are hard to see. If a pedestrian is injured in a truck accident, they can be awarded compensation for medical bills as well as loss of earnings, suffering and property damage. In some cases, if the plaintiff is found partly responsible for the accident due to their own actions (such as not moving over to the left side when the truck started to slow down) their compensation could be reduced in proportion. This is why it is essential to retain a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us today to start.