10 Erroneous Answers To Common Truck Accident Law Questions Do You Know The Right Answers?
Truck Accident Law
A truck accident lawyer with knowledge of the field has a thorough understanding of the laws that govern truck drivers and trucking companies. They will look into and find evidence such as maintenance records of the trucking company which could provide evidence for a negligence claim.
A NYC truck accident lawyer can help you determine who is at fault in your case and help you recover for your injuries.
1. Injured or fatigued Driver
When a vehicle driven by a person collides with a truck, the most effective method to determine the liability is to scrutinize the manner of driving and behavior. A truck accident lawyer can utilize surveillance footage as well as testimony from witnesses to determine the driver who is at fault.
A lot of places are equipped with surveillance cameras, including most intersections and interchanges as certain gas stations, hotels restaurants, and other businesses. A skilled truck accident lawyer can use this evidence in order to identify the potential defendant, particularly when the driver was unobservant or distracted when the accident occurred.
In truck accidents the driver may have been fatigued or injured at the time of the accident. A thorough examination of the driver's track logs can reveal if they went too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time that truckers spend on the road and require adequate rest breaks.
The trucking company may also be held accountable for negligent acts of their employee. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep hours and increasing their accident risk could also have contributed to.
If a road with a danger factor resulted in an accident, the government agency responsible for its maintenance can be held accountable. A seasoned truck accident lawyer can identify the responsible agency and employ a competent construction or maintenance contractor to look into the cause of the unsafe road and if it's applicable. A skilled attorney can determine which parties could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These items were designed to withstand the rigors of use and must be maintained and repaired to avoid failure. When something goes wrong truckers may not be able to control their vehicle, and it could cause serious or fatal accidents. The trucking company, manufacturer, parts dealer, or repair shop may all be accountable for the malfunction of truck parts and equipment.
If an accident occurred because of a defect in a component or piece of equipment, the victim may seek damages for economic and noneconomic damages. Economic damages can include medical expenses at present and in the future, lost income and loss of earning potential. Noneconomic damages could include pain and discomfort, traumatic brain injuries, and emotional anxiety. In certain circumstances, punitive damages are awarded to punish the defendant and to prevent future negligence.
Despite the best efforts by trucking companies and drivers, equipment problems are a given. It is important to identify the parties accountable in order to seek compensation for the losses.
The experienced attorneys at Burch law firm can help you in the event that you've been involved in a collision with a truck. Contact us today for an appointment for a no-cost consultation. Our lawyers will review your case, identify the responsible parties, and fight to secure the compensation you're entitled to. We can assist you in recovering the compensation you deserve for medical bills and lost wages at work and physical and emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are ready to take your calls anytime and seven days a semaine.
3. Improperly Loaded Cargo
The cargo trucks transport on the road may seem simple enough, but there are strict rules that drivers and loaders must follow in terms of stacking and secure their loads. If they don't follow these guidelines, it could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most frequent causes of truck accidents.
Most of these truck accidents are caused by cargo falling off the truck onto other vehicles or roads. federal way truck wreck lawyer is especially risky because the cargo might create an obstacle or create a danger on the road, forcing other drivers to swerve or to crash into it. It could also fall on pedestrians or riders on bicycles in the vicinity of trucks.
Based on the circumstances of the accident, there may be several parties at fault. If a driver was negligent in loading his or her cargo, for example this person could be held accountable under the legal principle of respondeat superior. The trucking company that employed that driver may also be liable in the sense that it is accountable for the actions of its employees in the spirit of vicarious responsibility.
An experienced attorney for truck accidents can use police reports and professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to file a claim against for compensation for their loss. A successful claim can result in a settlement or verdict which will give victims the financial assistance they require to recuperate.
4. Road conditions that are unsafe
Trucking companies, as the drivers they employ, bear the responsibility of keeping their vehicles in good working order. Failure to do so could lead to serious accidents. To ensure that trucks work properly, mechanical components are often inspected and replaced. If this is not done, it could result in a dangerous and unsafe road.
Accidents involving trucks can also be caused by dangerous weather or road conditions. Due to their huge size, trucks are much more likely to be involved in a crash if they drive in bad conditions or on roads that are wet. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the amount of hours they can drive per day. These rules are intended to safeguard the public. However truckers who ignore these rules to meet deadlines or to make more money from employers, they put the public at risk.
Unsafe road conditions could include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues include poor lane markings, such as broken or solid lines of lane that confuse drivers about what lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.
If a car accident occurs because of poor roadway conditions the trucking firm or government agency that is responsible for maintaining the road could be held responsible for the accident. It is essential to prove that the party in question breached their obligation of care by creating hazardous conditions, and this can include negligent hiring or maintaining the vehicle, and drug screenings. California law allows victims to seek damages for medical bills or lost wages, pain and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents are dangerous for pedestrians on the streets or even in their yards. Pedestrians are often not protected from the weight and size of a truck and could be severely injured or killed.
In these situations an attorney who is able to handle personal injury will seek to recover compensation from the person who caused the injury. In some cases it could be as straightforward as the truck driver if they ran through a red light, and then struck the pedestrian, however in others it could be the trucking company who permitted the trucker to work longer hours than permitted by law, did not perform proper maintenance on the vehicle, or conducted an investigation into the background of the driver which would have revealed an occurrence of unsafe driving habits.
Accidents involving pedestrians and trucks are often caused by drivers' inattention or apathy. While this kind of incident is typical of any car crash, it can be more fatal due to the fact that truck drivers are generally higher up in their cabs. They also have bigger blind areas that are difficult to discern.
When a pedestrian is injured in a truck accident it is possible to be awarded compensation for medical bills and loss of earnings, pain and suffering, and property damage. In some cases, the plaintiff is determined to be partially accountable for the incident due to their own actions (such as not turning over to the left side when the truck began to swerve) the amount they receive will be reduced in proportion. It is important to select a personal injury lawyer who is skilled and experienced to take care of your case. Contact us today to get started.