10 Misconceptions Your Boss Holds About Truck Accident Law Truck Accident Law
Truck Accident Law
A truck accident lawyer with expertise in the industry has a deep understanding of the laws that regulate truck drivers and trucking companies. They will investigate and uncover evidence, such as maintenance records of the trucking company that could be evidence of negligence.
A NYC truck accident lawyer will determine who is at fault in your case, and help you recover from your injuries.
1. Fatigued or injured driver
The most effective method of determining who is responsible in a collision between an automobile and a vehicle is to scrutinize the behavior of the driver. A truck accident lawyer can utilize surveillance footage and witness testimony to determine the driver at fault.
A lot of places have surveillance cameras. This includes many intersections hotels, interchanges gas stations, restaurants and hotels. This evidence can be utilized by a truck accident lawyer to identify a potential defendant, particularly if a driver was distracted or not paying attention at the moment of the accident.
In the case of truck accidents, it is also possible that the driver was fatigued or even injured at the time of the accident. A thorough analysis of the driver's logs will reveal if they slept too long without rest or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can be on the road and demand regular rest breaks.
The trucking company could also be held responsible for the reckless actions of their employees. A improper hiring or training procedure may have contributed to the accident, as could policies that encourage drivers to remain on the road for as long as they can while limiting their rest and sleep hours and increasing their risk of being involved in an accident.
Government agencies that are responsible for maintaining roads can also be held responsible if a hazardous road caused the accident. A knowledgeable truck accident lawyer will identify the relevant agency and employ a competent maintenance or construction contractor to investigate the cause of the unsafe road, if applicable. An experienced lawyer can identify multiple parties who may be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, such as brakes as well as the coupling system, tires, and cargo restraints. These equipments are designed to withstand rigorous use and must be properly checked, maintained, and repaired to prevent failure. If something goes wrong, it could make the truck driver unable control the vehicle, and could result in fatal or serious collisions. Damaged truck parts and equipment could be the fault of several different entities such as the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident happened because of a malfunctioning part or piece of equipment, the injured party could pursue damages for economic and noneconomic losses. Economic damages may include medical costs at present and in the future, lost income and the loss of earning potential. Noneconomic damages can include discomfort and pain or traumatic brain injuries and emotional distress. In certain circumstances punitive damages might be available to punish the defendant to prevent similar wrongful acts from occurring again.
Despite the best efforts of trucking companies and their drivers, certain equipment issues are inevitable. It is essential to identify the parties accountable in order to seek compensation for your loss.
If you've been involved in a truck accident, the experienced attorneys at the Burch Law Firm can help. Contact us now to set up an appointment at no cost. Our lawyers will analyze your case, identify liable parties and fight to obtain the compensation that you deserve. We can help you obtain compensation to cover medical bills or lost wages, as well as emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls all day 7 days a week.
3. Unloading Cargo Improperly
Drivers and loaders of trucks must adhere to strict rules when it comes to stacking and securing cargo they transport on the roads. Failure to follow these guidelines can cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most frequent causes of truck accidents.
The majority of these truck crashes result from cargo falling from the vehicle onto roadways or other vehicles. This can be especially dangerous because the cargo might create an obstruction or create a risk on the road, forcing other drivers to swerve or smash into it. It can also fall onto people who are walking or riding a bicycle in the vicinity of the truck.
In the event of the incident, there could be a variety of parties responsible. If a driver was negligent while loading their cargo, for example it could be held liable under the legal doctrine of respondeat superior. However the trucking company that employs the driver could be liable as well, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to determine the cause of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to make a claim against to seek compensation for their losses. A successful claim may result in a settlement or verdict that provides victims with the financial assistance they require to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies, as well the drivers they employ, bear the obligation of keeping their trucks in a good working condition. In the absence of this, it could result in serious accidents. To ensure that trucks operate properly, mechanical components are often inspected and replaced. When this doesn't happen it can result in an unsafe and dangerous road.
edmond truck accident lawyer and weather conditions can also cause truck crashes. Due to their huge size, trucks are more likely to be involved in a crash if they are driving in bad weather conditions or on roads with a lot of water. Additionally, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they are allowed to drive in a day. These rules are designed to protect the public, but when truck drivers don't follow them in order in order to meet deadlines, or to get more money from their employers, it puts the public in danger.
Potholes and uneven surfaces could cause skidding. Other problems can include inadequate markings for lane lines, like solid or broken lines that confuse the driver about which lane they are in, or merging ramps that are too short for large vehicles to safely switch lanes.
When a truck accident happens because of poor roadway conditions the trucking firm or government agency responsible for maintaining that road could be held accountable for the incident. The party responsible for creating the dangerous conditions must be proven to have violated its obligation of care. This could be due to negligent hiring or maintenance of the vehicle, as well as drug testing. Under California law, victims can claim compensation for medical expenses as well as lost income, suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents are dangerous for pedestrians walking along roads or even in their yards. Most pedestrians don't have protection from the massive size and the weight of a truck and may suffer devastating, often fatal injuries from these kinds of crashes.
In these types of cases, a personal injury attorney will pursue compensation from any party who was negligent. In some instances it could be as easy as the truck driver who ran at a red light and hit the pedestrian, however in other instances, it could be the trucking company who allowed the trucker longer shifts than is permitted by law, or failed to conduct proper maintenance on the vehicle, or conducted an examination of their background which would have revealed the history of unsafe driving behavior.
Accidents involving trucks and pedestrians are often caused by the driver's inattentiveness or distraction. This type of accident happens frequently in car accidents, but it can be deadly for truck drivers because they are higher in the air and have a larger blind zone that are difficult to discern.
If a pedestrian gets injured in a crash involving a truck it is possible to be awarded damages for medical bills and loss of earnings, pain and suffering, as well as property damage. However, there are cases where the plaintiff is found to be partly accountable for the accident due to their own actions, such as not stepping over the left shoulder when a truck began to swerve, they can receive compensation that is reduced. It is crucial to find an attorney for personal injuries who is knowledgeable and experienced to handle your case. Contact us today to get started.