10 Erroneous Answers To Common Truck Accident Law Questions: Do You Know The Right Ones?
Truck Accident Law
A truck accident lawyer with knowledge of the field has a deep understanding of the laws that govern truck drivers as well as trucking firms. They will conduct an investigation to find evidence, including maintenance records for trucking companies which may be evidence to provide evidence to support a claim of negligence.
A NYC truck accident lawyer will determine the responsible parties in your case and assist you in recovering from your injuries.
1. Driver injured or fatigued
If a car that is a passenger encounters a truck, the most effective way to determine who is at fault is to review the driver's actions and demeanor. A lawyer who handles truck accidents will review surveillance footage and witness testimony to determine the driver who was at fault.
Many places are equipped with surveillance cameras, which includes the majority of intersections and interchanges as well like some gas stations, hotels, restaurants, and other businesses. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, especially if the driver seemed distracted or unfocused at the moment of the accident.
In the event of a truck crash, it is also possible that the driver was tired or injured during the time of the crash. A thorough examination of the driver's road logs will reveal if they slept too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and demand regular rest breaks.
The trucking company could also be held accountable for the reckless actions of their employees. A negligent hiring or training method could have contributed to this accident, as can policies that encourage drivers to stay on the road for as long as possible, minimizing their rest and sleep time and thereby increasing the risk of an accident.
The government agencies responsible for maintaining roads may also be liable if a hazardous roadway caused the accident. A knowledgeable truck accident lawyer will identify the relevant agency and then hire a seasoned construction or maintenance contractor to examine the root of the unsafe condition, if applicable. A knowledgeable attorney can also identify multiple parties that may be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, like brakes, tires, coupling systems, and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and should be inspected and maintained to avoid failure. If something goes wrong the driver may be unable to control their vehicle and this can lead to tragic or fatal accidents. Damaged truck parts and equipment could be the fault of several entities which include the trucking company and the manufacturer as well as the parts dealer or repair shop.
If an accident occurs as a result of a malfunctioning piece of equipment or part, the injured party can seek compensation for both financial and non-economic damages. Economic damages could include medical expenses at present and in the future, lost income and loss of earning potential. Noneconomic damages include pain and discomfort or traumatic brain injuries and emotional distress. In missouri truck accident attorney are awarded to penalize the defendant and prevent future negligent behavior.
Even with the best efforts by trucking companies and drivers, equipment malfunctions are a given. It is important to identify the responsible parties in order to seek compensation for the losses.
If you have been involved in a truck collision the skilled attorneys at the Burch Law Firm can help. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will analyze the case, find responsible parties, and fight for the compensation you're entitled to. We can help you obtain the compensation you deserve for medical bills or lost wages from work as well as physical and mental suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day, 7 days a weeks to take your call.
3. Unproperly Loaded Cargo
Drivers and loaders of trucks must adhere to strict regulations when it comes to stacking and securing the cargo they transport on the roads. If they don't follow these guidelines, it could result in serious issues. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the main reasons for truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the road. This is particularly dangerous since the cargo could cause an obstacle or cause a danger to the road, causing motorists to swerve or to crash into it. It may also fall onto pedestrians or riders on a bike in the vicinity of trucks.
Depending on how the accident was triggered, several parties could be at fault. If a driver was negligent in loading their cargo, for instance this person could be held liable 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 under the principle vicarious responsibility.
An experienced lawyer for truck accidents can utilize police reports and professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco & Saile LLC can help victims identify the right defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim could result in a settlement or a verdict that provides victims with the financial support they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies and their drivers are obliged to keep their trucks in good working condition, and when they do not, it can lead to serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow they to function properly. If this isn't done the result is dangerous and unsafe roads.
Accidents involving trucks can also be caused by hazardous weather and road conditions. Because of their size trucks are more likely to be involved in crashes during bad weather and on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they are allowed to drive in a day. These rules are meant to protect the public. However truckers disregard these rules to meet deadlines or to earn more cash from employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues could be caused by inadequate lane markings, such as solid or broken lines that confuse drivers about the lane they're in, or merging ramps that aren't long enough for large vehicles to safely change lanes.
When a truck accident happens because of road conditions that are poor the trucking firm or government agency responsible for maintaining that road may be held liable for the accident. It is necessary to prove that the party in question breached their duty of care by creating dangerous conditions. This can be a result of negligent hiring or maintaining the vehicle, and drug screenings. In accordance with California law, victims can seek compensation for medical bills as well as lost income, suffering, and loss of quality of life.
5. Injuries to pedestrians
Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. Pedestrians typically have no protection from the size and weight of a truck and they can sustain catastrophic, often fatal injuries from these kinds of crashes.
In these kinds of cases an attorney for personal injury will seek compensation from the party that was negligent. In some cases it could be as simple as suing the truck driver if they ran through a red light, and then struck the pedestrian, but in other instances, it could be the trucking firm that permitted the trucker to work longer shifts than allowed by law, did not take care of the vehicle, or even conducted an background check that would have revealed the existence of a history of dangerous driving habits.
Accidents involving pedestrians and trucks are most often caused by the driver's lack of attention or distraction. While this type of incident is typical of any car accident, it may be more deadly due to the fact that truck drivers are usually higher in their cabs, and have bigger blind spots that are difficult to discern.
If a pedestrian gets injured in a truck accident, they can be awarded damages for medical expenses and loss of earnings, injuries and suffering, as well as property damage. However, there are cases where the plaintiff is found to be partly accountable for the accident because of their own actions, for example, not stepping over the left shoulder when a truck began to swerve, they could be awarded less compensation. It is important to select an injury lawyer who is experienced and knowledgeable to manage your case. Contact us now to get started.