15 . Things That Your Boss Would Like You To Know You Knew About Truck Accident Law
Truck Accident Law
A truck accident lawyer with expertise in the industry has a thorough understanding of the laws that regulate truck drivers and trucking companies. They will seek out evidence, such as the maintenance records of trucking companies, that may support a claim of negligence.
A NYC truck accident lawyer can assist you in determining who is at fault for your incident and help you recover your injuries.
1. Injured or fatigued Driver
The most efficient method to determine who is at fault in a collision between the truck and a passenger car is to look at the driver's behavior. A truck accident attorney can utilize surveillance footage and witness testimony to determine the driver who is at fault.
There are many places with surveillance cameras. This includes the majority of intersections, hotels, interchanges gas stations, restaurants and hotels. This evidence can be used by a truck accident lawyer to determine a potential defendant, especially if the driver appeared distracted or inattentive at the time of the accident.
In the event of a truck accident the driver could have been injured or fatigued at the time. A thorough investigation of the driver's road logs will reveal if they spent too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and require sufficient rest breaks.
The trucking company could also be held responsible for the reckless actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep times and thereby increasing their risk of being injured may have contributed.
If vista truck accident attorney with a danger factor caused an accident the government agency accountable for maintaining it may be held accountable. A skilled truck accident lawyer will identify the relevant agency and then hire a seasoned maintenance or construction contractor to investigate the cause of the unsafe situation and if it's applicable. A knowledgeable attorney can also determine the various parties that could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents occur as a result of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand heavy usage and must be properly maintained and repaired to avoid failure. If something goes wrong it could make the driver of a truck in a position to control the vehicle, and could cause fatal or serious collisions. Damaged truck parts and equipment can be the responsibility of a variety of entities, including the trucking company as well as the manufacturer and the repair or parts dealer shop.
When an accident occurs because of an equipment or component the person who was injured can seek damages for both economic as well as non-economic losses. Economic damages can include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages could include discomfort and pain as well as brain injuries that are traumatic, and emotional distress. In certain cases punitive damages can be available to punish the defendant to prevent similar negligence from occurring again.
Despite the best efforts of trucking companies and their drivers, a few equipment problems will arise. If this happens, it's important to determine the liable parties in order to claim compensation for your losses.
The highly experienced lawyers at Burch law firm can help you in the event that you've been involved in a truck crash. Contact us today to set up a free consultation. Our lawyers will go over the case, find responsible parties and fight for the compensation you're due. We can help you recover compensation to cover medical bills or lost wages, as well as emotional or physical suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls anytime, seven days a week.
3. Improperly loaded Cargo
Loaders and drivers of trucks must adhere to strict guidelines in stacking and secure the cargo they transport on the roads. Failure to adhere to these guidelines could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most common causes of truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the road. This can be particularly risky due to the fact that the cargo may create an obstacle or hazard on the road, causing other drivers to swerve or hit it. It could also fall onto people who are walking or riding bikes in the vicinity of a truck.
Based on the manner in which the incident took place, a variety of parties could be at fault. A driver who was negligent in loading his or cargo could be held accountable under the legal theory of respondeat superior. However the trucking firm that employs that driver might be equally liable, because it is liable for the actions of its employees under the principle of vicarious liability.
An experienced attorney for truck accidents can make use of police reports and professional investigators to determine the cause of an accident that was caused by inadequately secured or loaded cargo. A Cordisco & SAIL LLC attorney can assist victims in determining which defendants they should file a claim for compensation against. A successful case could result in a verdict or settlement that provides victims with the financial assistance they require to recuperate.
4. Unsafe Road Conditions
Trucking companies, as the drivers they employ, bear the responsibility of keeping their trucks in a good working condition. Failure to do this can result in serious accidents. There are many mechanical parts in trucks that require to be examined and replaced to allow they to function properly. If this isn't done, it could lead to a dangerous and unsafe road.
The road and weather conditions can cause truck accidents too. Due to their dimensions, trucks are more likely to be involved in crashes when they travel in bad weather or on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These regulations are designed to protect the public, but if truck drivers ignore them to meet deadlines or get more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues can be due to inadequate lane markings, such as broken or solid lines that confuse drivers on which lane they're in, or merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a truck accident 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. It is imperative to prove that the party in question violated their duty of care by causing dangerous conditions. This can be a result of negligent hiring or maintaining the vehicle, or drug testing. In accordance with California law, victims can seek compensation for medical expenses as well as lost income, suffering, and loss of quality of life.
5. Pedestrian injuries
Truck accidents are dangerous for pedestrians on the streets or even in their yards. People walking on foot are not always protected from the weight and size of a truck and could be terribly injured or killed.
In these instances, an attorney for personal injury may seek compensation from the responsible party. In certain cases the responsible party could be the truck driver who crossed a red light and struck a pedestrian. However, in other cases it could be a trucking business which allowed the trucker to work longer than the law allowed or failed to maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks tend to be result from the driver's inattention or distraction. This type of accident happens frequently in car accidents, but it could be deadly for truck drivers because they are higher up and have a larger blind zone which are difficult to spot.
A pedestrian who is injured in a truck crash can receive compensation for medical expenses loss of earnings, discomfort and pain, as well as property damage. However, there are cases where the plaintiff is found to be partly accountable for the accident because of their own actions, like not moving over to the left shoulder when a truck began to swerve, they could be awarded a lower amount of compensation. It is crucial to find an attorney for personal injuries who is experienced and knowledgeable to take care of your case. Contact us now to get started.