Truck Accident Law: 11 Things You're Forgetting To Do
Truck Accident Law
A lawyer who has expertise in the industry has a thorough understanding of the laws that regulate truck drivers and trucking companies. They will look into and find evidence such as maintenance records of the trucking company which could prove negligence.
A NYC truck accident lawyer can assist you in determining who is the fault in your situation and help you recover your injuries.
1. Injured or fatigued Driver
The most efficient method to determine who is responsible in a collision between two vehicles, a truck and a car is to study the behavior of the driver. A truck accident lawyer can review surveillance footage and witness statements to pinpoint the driver who was responsible for the accident.
Many locations have surveillance cameras. This includes the majority of intersections interchanges, hotels gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence in order to identify potential defendants, especially if the driver seemed inattentive or distracted when the accident occurred.
In the event of a truck accident the driver may be fatigued or injured at the time. A thorough examination of the driver's road logs can reveal whether they slept too long without rest or if they did not adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers are allowed to spend on the road and require sufficient rest breaks.
The trucking company may also be held accountable for the negligent actions of their employee. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep times and increasing their accident risk could have also contributed.
If a dangerous road caused an accident the government agency responsible for its maintenance can be held accountable. A truck accident lawyer who is knowledgeable can identify the agency responsible and hire a contractor for construction or maintenance with experience to look into the causes of any dangerous conditions and, if necessary, to determine the cause. An experienced attorney can determine which parties could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are the result of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were created to withstand heavy usage and must be maintained and repaired to prevent failure. When something goes wrong, it can leave the driver of a truck unable to control the vehicle and can result in fatal or serious collisions. Damaged truck parts and equipment could be the fault of a number of entities, including the trucking company as well as the manufacturer and the parts dealer or repair shop.
If an accident occurs because of a defective piece of equipment or a part, the injured party can seek compensation for both financial as well as non-economic losses. Economic damages could include medical expenses at present and in the future, loss of income and the loss of earning potential. Noneconomic damages include pain and suffering trauma to the brain and emotional distress. In certain circumstances, punitive damages can be given to punish the defendant and stop future negligence.
Despite minneapolis truck accident law firm of trucking companies and their drivers, some equipment issues are inevitable. If this happens, it's crucial to identify the responsible parties in order to seek compensation for your losses.
The highly skilled attorneys at the Burch law firm can help you if you have been involved in a car accident. Call us today to arrange a free consultation. Our lawyers will examine the case, determine responsible parties, and fight for the compensation you deserve. We can help you recover compensation to cover medical bills as well as lost wages and physical or 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. Unproperly Loaded Cargo
Loaders and drivers of trucks must adhere to strict guidelines regarding stacking and securing the cargo they transport on the roads. If they don't follow these guidelines can lead to serious issues. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the leading reasons for truck accidents.
Most of these truck accidents result from cargo falling off the truck onto other vehicles or roadways. This can be especially dangerous because the cargo might create an obstacle or cause a danger to the road, causing other drivers to slow down or smash into it. It could also fall on people walking or riding a bike in the vicinity of trucks.
Based on the circumstances surrounding the incident, there could be several parties at fault. If a driver was negligent while loading his or her cargo, for instance it could be held liable under the legal doctrine of respondeat superior. However the trucking firm that employs that driver might be held accountable, too, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
In the event that an accident was caused by inadequately secured or loaded cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco & SAIL LLC attorney can assist victims in determining which defendants to submit a claim to compensation against. A successful claim can result in a verdict or settlement that will provide victims with the money they require to recuperate.
4. Unsafe Road Conditions
Trucking companies and their drivers are required to keep their vehicles in good condition. If they fail to follow this it could lead to serious accidents. There are many mechanical parts in trucks that need to be checked and replaced in order for they to function properly. When this doesn't happen it can result in an unsafe and dangerous road.
Truck accidents can also be caused by hazardous weather and road conditions. Because of their size trucks are more likely to crash in stormy weather and on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration rules about the amount of hours they are allowed to drive in a day. These rules are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or make more money from their employers, it puts the public in danger.
Potholes and uneven surfaces could cause skidding. Other issues can be due to inadequate markings for lane, such as broken or solid lines that confuse drivers regarding which lane they're in, and merging ramps that are not long enough for large vehicles to safely change lanes.
If a truck accident occurs because of poor road conditions the trucking company or government agency that has the responsibility to maintain the road may be held accountable. The party responsible for creating the hazardous conditions must be proven guilty of breaching its obligation of care. This could include negligent hiring, vehicle maintenance, and testing for drugs. Under California law, the victims may claim compensation for medical bills and lost income, pain, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians who are walking along the streets or in their yards. Most pedestrians don't have protection from the huge size and the weight of a truck and may suffer devastating, often fatal injuries from these kinds of accidents.
In these cases the personal injury attorney will seek compensation from any party that was negligent. In some instances the responsible party could be the truck driver who ran a red flag and hit the pedestrian. In other instances, it could be a trucking firm which allowed the trucker to work longer than the law allowed or failed to maintain the vehicle in a proper manner.
Distraction or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. While this type of incident is typical of any car accident, it may be more dangerous due to the fact that truck drivers are typically higher up in their cabs and have bigger blind areas that are hard to see.
A pedestrian who is injured in a car crash may receive compensation for medical costs and lost earnings, as well as discomfort and pain, as well as property damage. However, there are instances where the plaintiff is found to be partially responsible for the crash because of their own actions, like not stepping over to the left shoulder when a truck began to swerve, they could receive compensation that is reduced. This is why it is important to hire a knowledgeable and experienced personal injury attorney to handle your case. Contact us now to get started.