A Productive Rant About Truck Accident Law

Truck Accident Law A skilled lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will investigate and uncover evidence such as maintenance records of the trucking company which could be evidence of negligence. A NYC truck accident attorney can determine the responsible parties in your case, and help you recover from your injuries. 1. Driver injured or fatigued If a car that is a passenger encounters a truck, the most straightforward way to determine who is at fault is to examine the manner of driving and behavior. A truck accident attorney can utilize surveillance footage and witness testimony to determine which driver responsible. Many places are equipped surveillance cameras, including the majority of interstates and interchanges, as well some gas stations, hotels restaurants, and other businesses. A skilled lawyer for truck accidents can use this evidence to identify potential defendants, especially when the driver seemed unobservant or distracted at the time of the crash. In the event of a truck accident, the driver may be fatigued or injured at the time of the incident. A thorough review of the logs from the driver will reveal if they spent too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand regular rest breaks. The trucking company may also be held accountable for reckless actions of their employees. A negligent hiring or training process could have contributed to the accident, as could policies that encourage drivers to remain on the road for as long as possible, which can result in a reduction in rest and sleep time, and increasing their risk of an accident. Government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A seasoned truck accident lawyer can identify the relevant agency and then hire a seasoned maintenance or construction contractor to examine the root of the unsafe condition and, if appropriate, to determine the cause. An experienced lawyer can identify multiple parties who may be responsible and seek compensation from every source. 2. Defective Equipment Many truck accidents are caused by defective equipment, such as brakes and tires, coupling systems and cargo restraints. These equipments are designed to withstand a lot of usage and must be checked, maintained, and repaired to avoid failure. When something goes wrong it could leave the driver of a truck unable to control the vehicle, and could result in serious or fatal collisions. The problem with defective truck parts and equipment can be the fault of a variety of entities such as the trucking company or the manufacturer, as well as the parts dealer or repair shop. If an accident took place because of a malfunctioning part or piece of equipment, the injured party may seek damages for economic and noneconomic losses. Economic damages include current and future medical expenses, lost income, and loss of earning capacity. Noneconomic damages could include pain and discomfort, traumatic brain injuries, and emotional distress. In some cases punitive damages may be given to punish the defendant and to prevent future negligence. Despite the best efforts of trucking companies and drivers, equipment problems are a given. If this happens, it's important to determine the liable parties so that you can seek compensation for your losses. The skilled lawyers at Burch law firm can help you if you've been involved in a truck crash. Contact us today to schedule an initial consultation for free. Our lawyers will examine the case, identify responsible parties and fight for the compensation you deserve. We can help you get compensation to pay medical bills or lost wages, as well as physical or mental suffering. gainesville truck accident law firm handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day, 7 days a weeks to take your call. 3. Unloading Cargo Improperly Truck drivers and loaders must follow strict guidelines in stacking and securing cargo they transport on the road. Failure to follow these guidelines could result in serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the most common reasons for truck accidents. Most of these truck accidents result from cargo falling off the truck onto other vehicles or roadways. This can be particularly risky because the cargo might create an obstacle or create a danger on the road, forcing other drivers to swerve or crash into it. It could also fall on people walking or riding bicycles in the vicinity of trucks. In the event of the accident, there may be multiple parties to blame. A driver who was negligent while loading his or cargo could be held liable under the legal theory of respondeat superior. However, the trucking company that employs the driver could be equally liable, because it is liable for the actions of its employees based on the principle of vicarious liability. An experienced attorney for truck accidents 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. An attorney from Cordisco and Saile LLC will help victims determine the appropriate defendants to bring a lawsuit against for compensation for their losses. A successful claim could result in a settlement or verdict which will give victims the money they require to cover the costs of. 4. Unsafe Road Conditions Trucking companies and their drivers have a responsibility to maintain their trucks in a good working condition. If they fail to do so it could lead to serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced in order for them to function properly. If this isn't done it results in an unsafe and dangerous road. The weather and road conditions can also trigger truck accidents. Due to their size, trucks are more likely to be involved in accidents during stormy weather and on wet roads. Additionally truck drivers are required to follow strict Federal Motor Carrier Safety Administration rules regarding how long they can travel each day. These regulations are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or earn more money from their employers, it puts the public at risk. Unsafe road conditions may include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues include insufficient road markings, such solid or broken lines that confuse the driver about which lane they are in, and merging ramps that are not long enough for large vehicles to safely change lanes. If a truck accident occurs because of road conditions that are poor the trucking company or government agency responsible for maintaining the road could be held responsible for the accident. It is necessary to prove that the party in question violated their duty of care by creating hazardous conditions, and this may include negligent hiring or maintaining the vehicle, and drug screenings. In accordance with California law, victims are able to get compensation for medical expenses as well as lost income, suffering, and loss of quality of life. 5. Injury to a pedestrian Truck accidents are dangerous for pedestrians on the streets or even in their yards. People who walk on foot are usually not protected from the massive size and the weight of a truck and they can sustain catastrophic injuries, which are often fatal, from these kinds of crashes. In these types of situations, a personal injury attorney will seek compensation from the party that was negligent. In some cases, this may be as simple as suing the truck driver who ran through a red light, and then struck the pedestrian, but in other instances, it could be the trucking company that allowed the trucker to work longer shifts than required by law, did not conduct proper maintenance on the vehicle, or even conducted an examination of their background that could have revealed the history of unsafe driving habits. Distraction or inattention are among the most common causes of accidents involving pedestrians and trucks. This kind of accident is quite common in car accidents, but it could be deadly for truck drivers as they are higher in the air and have more blind zones which are difficult to perceive. If a pedestrian gets injured in a truck accident it is possible to be awarded damages for medical expenses, loss of earnings, suffering and property damage. However, there are cases where the plaintiff is found to be partially at fault for the crash due to their own actions, such as not stepping over the left shoulder when a truck began to swerve, they will be awarded less compensation. This is why it is crucial that you retain a knowledgeable and experienced personal injury lawyer to handle your case. Contact us today to start.