Truck Accident Law

A lawyer who has expertise in the field has a deep understanding of the laws that govern truck drivers as well as trucking companies. They will conduct an investigation and discover evidence, such as maintenance records of the trucking company that could be evidence of negligence.

A NYC truck accident lawyer will determine the negligent parties in your case, and assist you in recovering from your injuries.

1. Fatigued or Injured Driver

When a vehicle driven by a person collides with a truck the most effective way to determine who is at fault is to scrutinize the manner of driving and behavior. A truck accident lawyer can utilize surveillance footage and testimony from witnesses to determine the driver who is at fault.

A lot of places have surveillance cameras. This includes the majority of intersections hotels, interchanges gas stations, restaurants and hotels. This evidence can be used by a truck wreck lawyer to identify a possible defendant, particularly if a driver seemed distracted or unfocused at the time of the accident.

In truck accidents the driver could have been injured or fatigued at the time. A thorough analysis of the driver's logs will reveal if they slept too long without rest or failed to follow Motor Carrier Safety Regulations that limit the amount of time that truckers spend on the road and demand sufficient rest breaks.

The trucking company could also be held accountable for negligent 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, while reducing their rest and sleep time and putting them at risk for accidents may have contributed.

If a road that is dangerous contributed to an accident, the government agency responsible for maintaining it can be held responsible. A seasoned truck accident lawyer will identify the relevant agency and hire an experienced construction or maintenance contractor to examine the root of the dangerous condition and if it's applicable. An experienced attorney can identify various parties who could be accountable, and seek compensation from each source.

2. Defective Equipment

Many truck accidents are caused by malfunctioning equipment, including the brakes, tires, coupling systems and cargo restraints. These components were developed to withstand heavy usage and must be properly maintained and repaired to prevent failure. When something goes wrong, the driver may be unable to control their vehicle and this could lead to fatal or even fatal accidents. The trucking company, manufacturer, parts dealer, or repair shop can be held accountable for the defective truck parts and equipment.

If an accident occurs because of a malfunctioning piece of equipment or a 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 may include pain and discomfort or traumatic brain injuries and emotional distress. In certain instances, punitive damages can be awarded to penalize the defendant and prevent future mistakes.

Despite the best efforts of trucking companies and drivers equipment malfunctions are a given. It is crucial to determine the parties responsible in order to pursue compensation for your loss.

The highly skilled attorneys at the Burch law firm are able to assist those who have been involved in a collision with a truck. Contact us today to set up a free consultation. Our lawyers will review your case, determine liable parties, and fight to secure the compensation you are entitled to. We can assist you in obtaining the amount you need to pay for medical bills, lost wages, and physical or mental suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day all week long to take your call.

3. Improperly loaded Cargo

The cargo trucks transport on the roads may seem simple enough, but there are strict rules that drivers and loaders must follow in terms of stacking and truck accident attorney securing their loads. Any failure to comply with these guidelines can lead to serious issues. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most common causes of truck accident settlement accidents.

A lot of these truck accident settlement accidents involve cargo falling off the vehicle and onto other vehicles or the roadway. This can be extremely dangerous because the cargo can cause a danger or an obstacle on the road and cause other drivers to slow down. It could also fall onto pedestrians or cyclists riding a bike in the vicinity of the truck.

Based on the circumstances surrounding the incident, there could be several parties at fault. If the driver was negligent when loading his or truck accident attorney her cargo, for instance, that person might be held responsible under the legal theory of respondeat superior. However, the trucking company that employs the driver could be also liable because it is responsible for the actions of its employees according to the principle of vicarious liability.

An experienced truck accident attorney can utilize police reports and professional investigators to determine the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco & Saile LLC can help victims determine the appropriate defendants to make a claim against to seek compensation for their losses. A successful case could result in a verdict or settlement which will give victims the funds they require to cover the costs of.

4. Road conditions that are unsafe

Trucking companies and their drivers are required to keep their trucks in good working condition, and when they do not it could lead to serious accidents. To ensure that trucks function correctly, mechanical components are often checked and replaced. If this isn't the case it can result in an unsafe and dangerous road.

The road and weather conditions can also trigger truck accidents. Because of their size trucks are more prone to be involved in accidents during stormy weather conditions and on roads with a lot of water. truck accident litigation drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are permitted to drive each day. These rules are intended to protect the public, but if truck drivers ignore them in order to meet deadlines, or to make more money from their employers, they put the public at risk.

Unsafe road conditions include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other problems include inadequate lane markings such as broken or solid lane lines that make drivers confused about the lane they're in and merging ramps for lane switching that are too small for large vehicles to safely change lanes.

When a truck accident happens due to road conditions that are not safe, the trucking company or the government agency that is responsible for maintaining the road could be held accountable for the incident. The person who caused the dangerous conditions needs to be proven to have violated its obligation of care. This could be due to negligent hiring or vehicle maintenance, as well as drug testing. California law permits victims to recover damages for medical expenses 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 backyards. Most pedestrians don't have protection from the size and weight of a truck, and can suffer catastrophic injuries, which are often fatal, from these types of crashes.

In these cases an attorney for personal injury will pursue compensation from any party who was negligent. In some cases it could be as simple as the truck driver who ran through a red light, and then struck the pedestrian, however in other cases, it could be the trucking firm that allowed the trucker longer shifts than allowed by law, did not take care of the vehicle, or conducted an examination of their background that could have revealed the existence of a history of dangerous driving habits.

Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. This kind of accident happens frequently in car accidents, but it could be fatal for truck drivers since they are higher up and have larger blind zones which are difficult to spot.

A pedestrian who is injured in a collision with a truck may receive compensation for medical expenses as well as lost earnings, discomfort and pain, as well as property damage. In some cases, the plaintiff is determined to be partially at fault for the accident because of their own actions (such as not turning over to the left side when the truck accident attorney started to swerve) the amount they receive will be reduced in proportion. This is why it is essential to retain a knowledgeable and experienced personal injury lawyer to manage your case. Contact us today to get started.