Truck Accident Law: 11 Things You're Not Doing
Truck Accident Law
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will investigate to uncover evidence, including the maintenance records of trucking companies which may be evidence to provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is at fault in your case and help you recover for your injuries.
1. Injured or fatigued Driver
If a car that is a passenger encounters a truck, the most effective method to determine the liability is to scrutinize the manner of driving and behavior. A truck accident attorney can make use of surveillance footage and witness testimony to determine which driver responsible.
Many places are equipped surveillance cameras, including the majority of intersections and interchanges as well in certain gas stations, hotels restaurants, and other businesses. A skilled truck accident lawyer could use this evidence to identify the potential defendant, particularly when the driver was unobservant or distracted when the accident occurred.
In the event of a truck accident, the driver may be injured or fatigued at the time. The road logs of drivers will show if they slept too little or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company may also be held accountable for negligent actions of their employee. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep hours and putting them at risk for accidents could also have contributed to.
If a hazardous road contributed to an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who is knowledgeable can identify the agency responsible and then hire a contractor for construction or maintenance with experience to look into the cause of any unsafe conditions and, if necessary, to determine the cause. tampa truck accident attorney can pinpoint various parties who could be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are the result of malfunctioning equipment. This includes brakes, tires and cargo restraints. These components were developed to withstand a lot of wear and tear and should be maintained and repaired to avoid failure. If something goes wrong, truckers may not be able to control their vehicle and this could lead to serious or fatal accidents. Incorrect truck parts and equipment can be the fault of a number of entities, including the trucking company, the manufacturer, and the parts dealer or repair shop.
When an accident occurs because of an equipment or component that is damaged, the victim can seek compensation for both economic and non-economic losses. Economic damages may include future and present medical expenses loss of income, loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury, and emotional distress. In certain instances punitive damages can be available to punish the defendant to stop similar mistakes from happening in the future.
Despite the best efforts 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 claim compensation for your loss.
The skilled lawyers at Burch law firm can help you in the event that you've been involved in a collision with a truck. Contact us now to set up a free consultation. Our lawyers will review the case, identify the responsible parties, and fight for the compensation you're due. We can assist you in obtaining compensation for medical bills, lost work wages, and physical and emotional pain. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day all week long to answer your call.
3. Unloading Cargo Unsafely
Drivers and loaders of trucks must adhere to strict rules in stacking and securing cargo they transport on the road. If they don't follow these guidelines could lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most frequent causes of truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto other vehicles or roadways. This can be particularly risky because the cargo could create an obstruction or create a risk on the road, causing other drivers to slow down or to crash into it. It could also fall on pedestrians or riders on a bike in the vicinity of trucks.
Based on the manner in which the incident occurred, multiple parties may be at fault. If the driver was negligent when loading their cargo, for instance it could be held responsible under the legal principle of respondeat superior. However, the trucking company that employs that driver might be also liable because it is liable for the actions of its employees in accordance with the principle of vicarious liability.
An experienced lawyer for truck accidents can utilize police reports and professional investigators to determine the cause of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney can assist victims in determining who they should submit a claim to compensation against. A successful claim may result in a verdict or settlement that can provide victims with the financial aid they need to cover the costs of.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their trucks in a good working condition. If they do not they could cause serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow them to function properly. If this isn't done, it can result in a dangerous and unsafe road.
Truck crashes can also be caused by dangerous weather and road conditions. Due to their huge size, trucks are more likely to be involved in a crash if they travel in bad weather or on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration rules about the amount of hours they are allowed to drive in a day. These regulations are designed to protect the public, but if truck drivers don't follow them in order in order to meet deadlines, or to make more money from their employers, they put the public in danger.
Unsafe road conditions could include slick pavement that stops tires from maintaining traction, potholes, and uneven surface that causes skidding. Other problems include inadequate lane markings, such as solid or broken lane lines that cause confusion for drivers about what lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
If a car accident occurs because of poor roadway conditions the trucking firm or government agency responsible for maintaining that road may be held liable for the incident. It is imperative to prove that the person responsible for the incident violated their duty of care in creating dangerous conditions. This can be a result of negligent hiring or maintenance of the vehicle, and drug tests. In accordance with California law, victims are able to seek compensation for medical expenses or lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely hazardous for pedestrians walking along the streets or in their own backyards. People walking on foot are not always protected from the weight and size of a truck, and may be severely injured or killed.
In these cases the personal injury attorney will seek compensation from any party that was negligent. In some cases the negligent party could be the truck driver who ran a red flag and struck the pedestrian. But in other cases, it could be a trucking firm that allowed the trucker to work longer than what is permitted by law, or failed to maintain the vehicle in a timely manner.
Accidents involving trucks and pedestrians are usually caused by drivers' inattention or distraction. This type of accident is very common in car accidents, but it could be deadly for truck drivers as they are higher in the air and have larger blind zones which are difficult to spot.
A pedestrian injured in a car crash may receive compensation for medical costs and lost earnings, as well as pain and discomfort, and property damage. However, there are instances where the plaintiff is found to be partially accountable for the accident due to their own actions, for example, not stepping over to the left shoulder when a truck began to swerve, they will be awarded a lower amount of compensation. This is why it's important to hire an experienced and knowledgeable personal injury lawyer to handle your case. Contact us now to begin.