20 Rising Stars To Watch In The Truck Accident Law Industry
Truck Accident Law
A truck accident lawyer with experience in the field has a thorough understanding of the laws which govern truck drivers and trucking firms. They will look into and find evidence like maintenance records of the trucking company that may be evidence of negligence.
A NYC truck accident attorney can determine who is at fault in your case, and assist you in recovering from your injuries.
1. Fatigued or Injured Driver
If a vehicle carrying passengers collides with a truck, the most efficient way to determine who is at fault is to examine the conduct of the driver and his manner. A lawyer for truck accidents will review the footage of surveillance and witness testimony to determine the driver who was at fault.
Many places are equipped with surveillance cameras, which includes the majority of interchanges and intersections as well certain gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck accident lawyer to identify a potential defendant, particularly if the driver was distracted or unobservant at the time of the incident.
In cases of truck accidents it is also possible that the driver was fatigued or even injured at the time of the crash. A thorough review of the driver's track logs will reveal if they spent too long without sleep or did not follow Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand adequate rest breaks.
The trucking company may also be held accountable for the negligence of their employees. A negligent hiring or training process might have contributed to the accident, as could the policies that encourage drivers to drive for as long as is possible by limiting their rest and sleep time and thereby increasing the chance of being involved in an accident.
If a road that is dangerous contributed to an accident, the government agency responsible for maintaining it can be held responsible. A knowledgeable lawyer for truck accidents will identify the relevant agency and then hire a seasoned construction or maintenance contractor to examine the root of the unsafe road and, if appropriate, to determine the cause. An experienced attorney can identify multiple parties who may be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents occur because of faulty equipment. This includes brakes, tires and cargo restraints. These equipments are designed to endure rigorous usage and must be assessed and maintained to prevent failure. If something goes wrong it can leave a truck driver unable to control the vehicle and can result in fatal or serious collisions. Incorrect truck parts and equipment can be the fault of a number of entities such as the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident occurred as a result of a defective part or piece of equipment, the person injured may seek damages for economic and noneconomic losses. Economic damages are a combination of future and current medical expenses, lost income, and loss of earning capacity. Noneconomic damages can include discomfort and pain, traumatic brain injuries, and emotional distress. In certain circumstances, punitive damages can be awarded to penalize the defendant and prevent future recklessness.
Despite the best efforts by trucking companies and drivers, equipment issues are bound to happen. It is important to identify the responsible parties in order to pursue compensation for the losses.
The experienced attorneys at Burch law firm will assist you if you've been involved in a collision with a truck. Contact us today to set up a free consultation. Our lawyers will evaluate your case, identify liable parties and fight to get the compensation that you deserve. We can help you get compensation to cover medical bills loss of wages, physical or emotional pain. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls anytime, seven days a week.
3. Unloading Cargo in a way that isn't safe
Drivers and loaders of trucks must adhere to strict rules when it comes to stacking and securing the cargo they transport on the road. If they don't follow these guidelines can cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the main causes of truck accidents.
A large number of truck accidents involve cargo falling off of the vehicle and onto other vehicles or the roadway. This is especially risky because the cargo could create an obstacle or hazard on the road, causing other drivers to swerve or hit it. It may also fall onto pedestrians or riders on bicycles in the vicinity of trucks.
Depending on the way in which the accident was triggered, several parties could be responsible. If the driver was negligent when loading their cargo, for example it could be held accountable under the legal theory of respondeat superior. However the trucking company that employs the driver could be also liable since it is accountable for the actions of its employees based on the principle of vicarious liability.
In the event that an accident happened because of improperly loaded or secured cargo, an experienced truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who is at fault. A Cordisco and SAIL LLC attorney will assist victims to determine the defendants they should file a claim for compensation against. A successful claim could result in a verdict or settlement that will provide victims with the funds they require to recuperate.
4. Unsafe Road Conditions
Trucking companies and their drivers have a responsibility to maintain their trucks in a good working condition. If they do not it could result in serious accidents. Trucks are often equipped with mechanical parts that must be inspected and replaced to allow them to work correctly. If this isn't done, it could result in a dangerous and unsafe road.
The weather and road conditions can also lead to truck crashes. Due to their size truck's size, they are more likely to crash in stormy weather and on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines on the number of hours they are permitted to drive each day. These rules are meant to safeguard the public. However, when truckers ignore them to meet deadlines or to make more money from employers, they place the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues can be due to inadequate lane markings, such as solid or broken lines that confuse drivers regarding which lane they're in, and merging ramps that aren't long enough for large vehicles to safely switch lanes.
If a car accident occurs due to road conditions that are not safe the trucking firm or government agency responsible for maintaining the road could be liable for the incident. It is necessary to prove that the person in question breached their duty of care by causing dangerous conditions. This could include negligent hiring or maintenance of the vehicle, and drug tests. California law permits victims to recover damages for medical bills or lost wages, pain and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along roadways or even within their own yards. People who walk on foot are usually not protected from the size and the weight of a truck and may suffer devastating and often fatal injuries in these kinds of crashes.
In these types of cases in these types of cases, a personal injury lawyer will seek compensation from any person who was negligent. In some instances the party who was negligent could be the driver of the truck who ran a red signal and struck the pedestrian. But in other cases it could be a trucking company which allowed the trucker to work longer than the time allowed by law, or failed to maintain the vehicle in a timely manner.
Inattention or distraction are the most frequent causes of accidents involving pedestrians and trucks. Although this type of incident is typical of any car crash, it can be more deadly because truck drivers tend to be higher in their cabs and have bigger blind areas that are hard to see.
When a pedestrian is injured in a truck accident it is possible to be awarded damages for medical bills and loss of earnings, suffering and property damage. In some cases, if the plaintiff is found to be partially accountable for the incident due to their own actions (such as not stepping over to the left side when the truck started to accelerate), their compensation can be reduced in proportion. It is important to select an injury lawyer that is experienced and knowledgeable to manage your case. Contact augusta truck accident lawyer to begin.