Truck Accident Law
A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. They will investigate to uncover evidence, including trucking company maintenance records which could support a claim of negligence.
A NYC Covington Truck Accident Attorney accident lawyer will determine the responsible parties in your case and help you recover from your injuries.
1. Fatigued or Injured Driver
If a vehicle carrying passengers collides with a waterville truck accident lawsuit the most effective way to determine who is at fault is to review the conduct of the driver and his manner. A lawyer who handles truck accidents can examine video surveillance footage and witness testimony to determine the driver who was at fault.
A lot of places are equipped with surveillance cameras, which includes the majority of intersections and interchanges as well like some gas stations, hotels, restaurants, and other businesses. This evidence can be used by a waveland truck accident lawsuit crash lawyer to identify a possible defendant, especially if the driver seemed distracted or unfocused at the time of the incident.
In cases of truck accidents, it is also possible that the driver was fatigued or even injured during the time of the accident. The road logs of drivers will show if they slept insufficiently or did not observe the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking firm could be held accountable for carelessness of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, thus reducing their sleep and rest times and thereby increasing their risk of being injured, may also have contributed.
Government agencies that are responsible for maintaining roads may also be liable if a hazardous roadway contributed to the accident. A knowledgeable lawyer for truck accidents can identify the responsible agency and then hire a seasoned construction or maintenance contractor to determine the cause of the unsafe road, if applicable. A knowledgeable attorney can identify multiple parties that may be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, such as brakes, tires, coupling systems and cargo restraints. These pieces of equipment were created to withstand the rigors of use and must be maintained and repaired to prevent failure. If something goes wrong, it could leave a truck driver unable to control the vehicle and may cause fatal or serious collisions. Damaged truck parts and equipment can be the responsibility of a number of entities such as the trucking company as well as the manufacturer and the parts dealer or repair shop.
If an accident happens because of a defective piece of equipment or part the person who was injured can seek compensation for both economic and non-economic damages. Economic damages can include medical expenses both now and in the future, lost income and loss of earning potential. Noneconomic damages include pain and suffering and brain injuries that are traumatic emotional distress, and traumatic brain injury. In some cases punitive damages may be given to punish the defendant and to prevent future recklessness.
Despite the best efforts of trucking companies and Galax truck accident Lawyer their drivers, a few equipment issues are inevitable. It is crucial to identify the parties accountable in order to seek compensation for the loss.
The highly skilled attorneys at the Burch law firm can assist those who have been involved in a Harrah Truck Accident crash. Contact us now to set up an appointment at no cost. Our lawyers will examine your case, identify liable parties and fight for the compensation you are entitled to. We can help you obtain compensation for medical expenses as well as lost wages from work, as well as physical and mental suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are on hand to answer your calls 24/7 all week long.
3. Improperly loaded Cargo
The cargo that trucks carry on the road may appear straightforward enough, but there are strict rules that drivers and loaders must adhere to when stacking and securing their loads. Failure to follow these guidelines can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the leading reasons for truck accidents.
A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the roadway. This can be extremely dangerous because the cargo can cause a danger or obstruction on the road, and force other drivers to slow down. It could also fall on people who are biking or walking near the truck.
Based on the circumstances of the accident, there may be multiple parties to blame. A driver who was negligent when loading his cargo may be held liable under the legal theory of respondeat superior. However the trucking firm that employs the driver could be equally liable, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
In cases in which an accident occurred due to unsecurely loaded or secured cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was accountable. An attorney from Cordisco & Saile LLC can assist victims in determining the right defendants to bring a lawsuit against for compensation for their loss. A successful claim can result in a settlement or verdict that provides victims with the money they require to cover the costs of.
4. Unsafe Road Conditions
Trucking companies and their drivers have a duty to keep their vehicles in good condition, and when they fail to do this, it can lead to serious accidents. Trucks often have mechanical parts which need to be inspected and replaced to allow them to function properly. If this is not done, it could result in a dangerous and unsafe road.
The cause of truck crashes is caused by dangerous weather or road conditions. Due to their size trucks are more prone to be involved in accidents during stormy weather and on wet roads. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they can drive per day. These regulations are designed to protect the public, but when truck drivers ignore them in order to meet deadlines, or to gain more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other problems include inadequate lane markings such as solid or broken lane lines that make drivers confused about which lane they’re on, and merging ramps for lane switching that are too small for large vehicles to safely change lanes.
If a truck accident occurs because of road conditions that are not safe the trucking company or government agency accountable to maintain the road could be held liable. The party responsible for creating the dangerous conditions must be proven to have violated its duty of care. This can include negligent hiring, vehicle maintenance, and drug testing. California law allows victims to recover damages for medical expenses as well as lost wages, suffering and loss of quality of 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 massive size and weight of a truck and can suffer catastrophic, often fatal injuries from these kinds of accidents.
In these cases the personal injury attorney will pursue compensation from any party that was negligent. In certain cases the negligent party could be the driver of the truck who ran a red light and struck the pedestrian. But in other cases it could be a trucking company which allowed the trucker work longer than the time allowed by law, or failed to maintain the vehicle in a timely manner.
Accidents involving trucks and pedestrians are most often caused by the driver’s lack of attention or distraction. While this kind of incident is not uncommon in any car crash, it can be more fatal due to the fact that truck drivers are usually higher in their cabs, and have larger blind areas that are difficult to discern.
A pedestrian injured in a collision with a truck may receive damages for medical expenses, lost earnings, discomfort and pain, and property damage. In some instances, the plaintiff is found partly accountable for the incident because of their own actions (such as not transferring to the left side when the galax truck accident lawyer started to slow down) the amount they receive will be reduced in proportion. It is essential to choose an attorney for personal injuries who is skilled and experienced to take care of your case. Contact us now to get started.