Truck Accident Law: 11 Thing That You're Failing To Do
Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will conduct an investigation to find evidence, including maintenance records for trucking companies that could be used to support a claim of negligence.
A NYC truck accident lawyer can assist you in determining who's the fault in your situation and help you recover your injuries.
1. Fatigued or injured driver
When a vehicle driven by a person is involved in a collision with a truck the most straightforward method of determining the extent of liability is to look at the driver's actions and demeanor. A truck accident attorney can utilize surveillance footage as well as witness testimony to determine the driver at fault.
Many locations have surveillance cameras. This includes the majority of intersections, hotels, interchanges gas stations, restaurants, and hotels. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, particularly if a driver was distracted or not paying attention at the time of the incident.
In the event of a truck crash it could be that the driver was tired or injured during the time of the accident. The road logs of the drivers could reveal if they slept too little or didn't follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company could also be held accountable for the reckless actions of their employees. A negligent hiring or training practice might have contributed to the accident, as could the policies that encourage drivers to remain on the road for as long as is possible, which can result in a reduction in rest and sleep time, and increasing their chances of causing an accident.
The government agencies responsible for maintaining roads may also be accountable if a dangerous road caused the accident. A knowledgeable lawyer for truck accidents can identify the appropriate agency and hire an experienced maintenance or construction contractor to determine the cause of the unsafe situation in the event that it is applicable. An experienced attorney can identify multiple parties that may be accountable, and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including brakes, tires, coupling systems, and cargo restraints. These equipments are designed to withstand rigorous use, and must be inspected and maintained to prevent failure. If something goes wrong it could leave the truck driver unable control the vehicle and can result in fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop can all be held accountable for malfunctioning truck parts and equipment.
If an accident occurred because of a malfunctioning part or piece of equipment, the victim could pursue damages for economic and non-economic losses. Economic damages could include medical expenses today and in the near future, lost income and loss of earning potential. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress, and traumatic brain injury. In certain instances, punitive damages may also be available to punish the defendant in order to prevent similar negligence from happening again in the future.
Despite the best efforts of trucking companies and drivers, equipment malfunctions are inevitable. When this happens, it is important to determine the liable parties to seek compensation for your losses.
The highly skilled attorneys at the Burch law firm can assist those who have been involved in a collision with a truck. Contact us now to set up a complimentary consultation. Our lawyers will go over the case, determine responsible parties, and fight to get the compensation you deserve. We can assist you in obtaining compensation for medical expenses, lost work wages, as well as physical and mental suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day and 7 days a week to answer your phone.
3. Unloading Cargo in a way that isn't safe
Drivers and loaders of trucks must adhere to strict guidelines when it comes to stacking and securing cargo they transport on the road. Failure to adhere to these guidelines can lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the main causes of truck accidents.
A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the road. This is particularly risky because the cargo could cause a danger or an obstacle on the road and cause other drivers to swerve. It could also fall on people walking or riding bicycles in the vicinity of the truck.
Depending on how the accident occurred, a number of parties could be responsible. A driver who was negligent in loading his or cargo could be held liable according to the legal doctrine of respondeat superior. The trucking company employing that driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees under the principle of vicarious accountability.
An experienced lawyer for truck accidents can utilize police reports and professional investigators to determine the root of an accident caused by improperly 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 claim may result in a settlement or verdict which provides victims with the financial assistance they need to recover from their injuries.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their trucks in good working condition. If they do not it could lead to serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced in order for them to function properly. If this is not done, it can lead to a dangerous and unsafe road.
The road and weather conditions can cause truck accidents too. Due to their massive size, trucks are more likely to be involved in a crash when they drive in adverse weather or on wet roads. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they are allowed to drive in a day. These regulations are designed to safeguard the public. However truckers disregard them to meet deadlines or to earn more money from employers, they place the public at risk.
Unsafe road conditions include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues include poor lane markings, such as solid or broken lane lines that confuse drivers about which lane they're on, and merging lane ramps that are too small for large vehicles to safely switch lanes.
If a truck accident occurs due to road conditions that are poor the trucking company or government agency that has the responsibility to maintain that road may be held accountable. The person responsible for causing the dangerous conditions must be proven to have violated its duty of care. This can include negligent hiring or maintenance of vehicles, as well as drug testing. California law permits victims to seek damages for medical bills or lost wages, pain 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. People who walk on foot are usually not protected from the huge size and weight of a large truck, and could suffer severe, often fatal injuries from these kinds of accidents.
In these instances, an attorney for personal injury can seek compensation from the responsible party. In some cases the party who was negligent could be the driver of the truck who crossed a red light and struck the pedestrian. However, in other cases it could be a trucking company that allowed the trucker to work longer than the time allowed by law or did not maintain the vehicle properly.
Accidents involving pedestrians and trucks are often result from the driver's inattention or distraction. While nampa truck accident attorney of accident is typical of any car accident, it could be more dangerous due to the fact that truck drivers are generally higher in their cabs and have bigger blind spots that are hard to see.
A pedestrian who is injured in a collision with a truck may receive damages for medical expenses as well as lost earnings, pain and discomfort, and property damage. However, in some cases where the plaintiff is found to be partly at fault for the crash due to their own actions, such as failing to move over to the left shoulder when a truck began to swerve, they will have their compensation reduced accordingly. It is important to select an injury lawyer who is knowledgeable and experienced to handle your case. Contact us today to get started.