10 Misleading Answers To Common Truck Accident Law Questions: Do You Know The Right Answers?
Truck Accident Law
A lawyer for truck accidents with experience in the field is well-versed in the laws that govern truck drivers and trucking companies. They will look into and find evidence, such as maintenance records of the trucking company that could prove negligence.
A NYC truck accident lawyer will determine the responsible parties in your case, and help you recover from your injuries.
1. Fatigued or Injured Driver
When a passenger vehicle is involved in a collision with a truck the most efficient method of determining the extent of liability is to examine the driver's actions and demeanor. A lawyer who handles truck accidents can look over video surveillance footage and witness testimony to pinpoint the driver who was responsible for the accident.
Many locations have surveillance cameras. This includes many intersections, hotels, interchanges, gas stations and restaurants. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if a driver seemed distracted or unfocused at the time of the accident.
In truck accidents, the driver may have been fatigued or injured at the time. The road logs of the drivers can reveal whether they were sleeping too much or did not follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking company can also be held liable for the negligent actions of their employees. A negligent hiring or training method could have contributed to this accident, as could policies that encourage drivers to remain on the road for as long as possible by limiting their rest and sleep time, and increasing their chance of being involved in an accident.
If a dangerous road contributed to an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who is well-versed will identify the person responsible and engage an expert in construction or maintenance with experience to investigate the root cause of any hazardous conditions, if applicable. An experienced attorney can identify the multiple parties that could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents occur because of defective equipment. This includes brakes, tires and cargo restraints. These items were designed to withstand heavy usage and should be maintained and repaired to avoid failure. When something goes wrong, it can leave the truck driver unable control the vehicle and may result in serious or fatal collisions. Incorrect truck parts and equipment can be the fault of several entities, including the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident occurred as a result of a defect in a component or piece of equipment, the person injured could seek damages for both economic and noneconomic damages. Economic damages could include medical expenses both now and in the future, loss of income and the loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury emotional distress. In certain cases punitive damages might be available to punish the defendant in order to stop similar negligence from occurring in the future.
Despite the best efforts of trucking companies and drivers equipment malfunctions are inevitable. It is important to identify the responsible parties in order to pursue compensation for the losses.
The skilled lawyers at Burch law firm can assist you if you have been involved in a collision with a truck. Contact us today for a free consultation. Our lawyers will analyze the case, identify the responsible parties and fight for the compensation you deserve. We can help you recover compensation to cover medical bills, lost wages, and emotional or physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours per day and 7 days a week to answer your call.
3. Unproperly Loaded Cargo
Truck drivers and loaders must adhere to strict rules when it comes to stacking and securing cargo they transport on the roads. If they don't follow these guidelines, it can cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most common causes of truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto roads or other vehicles. This can be especially dangerous because the cargo might create an obstacle or cause a danger to the road, forcing drivers to turn around or to crash into it. It may also fall on people who are walking or riding a bicycle within the vicinity of the truck.
Depending on the way in which the accident occurred, multiple parties may be at fault. A driver who was negligent while loading his or her cargo could be held liable in the context of the legal theory respondeat superior. The trucking company that employed that driver may also be liable for its actions, since it is responsible for its employees' actions in the spirit of vicarious responsibility.
An experienced truck accident attorney can make use of police reports and professional investigators to determine the cause of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney can assist victims in determining which defendants they should pursue a claim for compensation against. A successful claim may result in a settlement or verdict which gives victims the financial support they require to recover from their injuries.
4. Road conditions that are unsafe
Trucking companies, as as their drivers, have the responsibility of keeping their trucks in a good working condition. If they don't, it can result in serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced in order for them to function correctly. If this isn't done, it could lead to a dangerous and unsafe road.
The conditions of the road and weather can also cause truck crashes. Because of their size, trucks are more likely to be involved in a crash if they travel in bad conditions or on roads that are wet. In addition truck drivers are required to follow strict Federal Motor Carrier Safety Administration rules regarding how long they can travel each day. boynton beach truck wreck lawyer are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or to get more money from their employers, it puts the public in danger.
Unsafe road conditions can include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other problems include inadequate lane markings like broken or solid lane lines that cause confusion for drivers about which lane they're on, and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck accident happens because of road conditions that are not safe, the trucking firm or the government agency that is responsible to maintain the road may be held accountable. The party who created the dangerous conditions needs to be proven to have breached its duty of care. This can include negligent hiring, vehicle maintenance, and testing for drugs. In accordance with California law, victims are able to seek compensation for medical bills or lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck, and may be terribly injured or killed.
In these instances an attorney who is able to handle personal injury will seek compensation from the responsible party. In some cases the responsible party could be the truck driver who crossed a red light and hit the pedestrian. However, in other cases it could be a trucking firm which allowed the trucker work longer than what is permitted by law, or failed to maintain the vehicle properly.
Inattention or distraction are the most common causes of accidents involving pedestrians and trucks. This kind of accident is very common in car accidents, but it can be fatal for truck drivers because they are higher up and have larger blind zones which are difficult to spot.
If a pedestrian is injured in a truck accident, they can be awarded damages for medical bills and loss of earnings, suffering and property damage. However, there are cases where the plaintiff is found to be partially at fault for the crash because of their own actions, such as not stepping over to the left shoulder when a truck started to swerve, they will receive compensation that is reduced. It is essential to choose a personal injury lawyer who is experienced and knowledgeable to take care of your case. Contact us today to get started.