5 Common Phrases About Truck Accident Law You Should Stay Clear Of
Truck Accident Law A competent truck accident lawyer is knowledgeable about the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will search for and uncover evidence such as maintenance records of the trucking company that could prove negligence. A NYC truck accident lawyer can help you determine who is at fault in your case and assist you in recovering your injuries. 1. Injured or fatigued Driver The most effective method of determining who is responsible in a collision between a truck and a passenger car is to study the driver's behavior. A lawyer for truck accidents can examine surveillance footage and witness testimony to pinpoint the driver who was responsible for the accident. Many places are equipped with surveillance cameras, including most intersections and interchanges as well like some hotels, gas stations restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify a potential defendant, particularly when the driver appeared unfocused or distracted at the time of the crash. In the event of a truck accident, it could be that the driver was fatigued or even injured during the time of the accident. A thorough review of the driver's track logs will reveal if they slept too long without sleep or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and require adequate rest breaks. The trucking company could also be held responsible for the reckless actions of their employees. A negligent hiring or training method could have contributed to this accident, and so could policies that encourage drivers to drive for as long as possible by limiting their rest and sleep time and thereby increasing the chance of being involved in an accident. If a road that is dangerous caused an accident, the government agency accountable for maintaining it may be held responsible. A skilled truck accident lawyer can identify the responsible agency and then hire a seasoned construction or maintenance contractor to examine the root of the unsafe condition and if it's applicable. An experienced attorney can identify multiple parties who may be liable, and pursue compensation from every source. 2. Defective Equipment Many truck accidents happen because of faulty equipment. This includes tires, brakes and cargo restraints. These components were developed to withstand heavy use and should be maintained and repaired to prevent failure. When something goes wrong, the driver may be unable to control their vehicle and this could lead to fatal or serious accidents. The trucking company, manufacturer, parts dealer or repair shop may all be responsible for defective truck parts and equipment. If an accident occurs as a result of a defective piece of equipment or component the person who was injured can seek damages for both economic as well as non-economic losses. Economic damages could include medical expenses today and in the near future, lost income and the loss of earning potential. Noneconomic damages could include discomfort and pain and brain injuries that cause trauma and emotional anxiety. In some cases punitive damages can be awarded to punish the defendant and stop future recklessness. Despite the best efforts by trucking companies and drivers, equipment malfunctions are a given. If this happens, it's important to determine the liable parties to claim compensation for your losses. If you've been injured in a collision with a truck The experienced lawyers at the Burch Law Firm can assist. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will examine your case, identify the responsible parties and fight for the compensation you're entitled to. We can assist you in recovering compensation for medical bills as well as lost wages from work, and physical and emotional pain. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days, 7 days a weeks to answer your calls. 3. Unloading Cargo Improperly The cargo trucks carry on the road may seem easy enough, however there are strict regulations that loaders and drivers must adhere to when stacking and securing their loads. Any failure to comply with these guidelines can lead to serious problems. In a recent study the Federal Motor Carrier Safety Administration found that shifting cargo was one of the major causes of truck accidents. The majority of truck accidents are caused by cargo falling from the vehicle onto roadways or other vehicles. This is particularly dangerous since the cargo could cause an obstacle or create a danger on the road, causing motorists to swerve or to crash into it. It could also fall on people who are walking or riding a bicycle within the vicinity of the truck. Depending on how the accident took place, a variety of parties could be at fault. A driver who was negligent while loading his cargo may be held responsible according to the legal doctrine of respondeat superior. However rock hill truck accident lawsuit that employs that driver might be equally liable, since it is accountable for the actions of its employees under the principle of vicarious liability. In cases where an accident happened because of unsafely loaded or secured cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was responsible. An attorney from Cordisco & Saile LLC can assist victims in determining the proper defendants to file a claim against for compensation for their loss. A successful claim can result in a settlement or verdict that gives victims the financial assistance they require to recover from their injuries. 4. Unsafe Road Conditions Companies that operate trucks, as well as their drivers, have the responsibility of keeping their trucks in a good working order. Failure to do this can lead to serious accidents. To ensure that trucks function properly, mechanical components are often inspected and replaced. If this isn't done it results in dangerous and unsafe roads. Truck crashes can also be caused by weather conditions or road conditions. Due to their size, trucks are more likely to crash in stormy conditions and on roads that are wet. In addition, truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive each day. These rules are meant to safeguard the public. However truckers disregard them to meet deadlines or to make more money from their employers, they put the public at risk. Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings, such as solid or broken lines of lane that confuse drivers about which lane they're in, and merging ramps for lane switching that are too small for large vehicles to safely switch lanes. If a truck crash occurs because of poor roadway conditions the trucking company or the government agency responsible for maintaining that road could be held responsible for the incident. The party who created the unsafe conditions has to be proven guilty of violating its obligation of care. This could include negligent hiring or maintenance of vehicles, as well as drug testing. California law allows victims to seek damages for medical bills as well as lost wages, suffering and loss of quality of life. 5. Injuries to Pedestrians Truck accidents pose a risk to pedestrians who walk along roads or even in their yards. The majority of pedestrians are not protected from the enormous size and weight of a large truck, and could suffer severe injuries, which are often fatal, from such crashes. In these types of cases, a 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 light and struck the pedestrian. But in other cases, it could be a trucking business which allowed the trucker work longer than the time allowed by law, or failed to maintain the vehicle in a proper manner. Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. This type of accident is very common in car accidents, but it could be deadly for truck drivers due to the fact that they are higher in the air and have greater blind zones that are difficult to discern. A pedestrian injured in a car crash may be awarded compensation for medical expenses and lost earnings, as well as discomfort and pain, and property damage. However, in some cases where the plaintiff is found to be partially accountable for the accident because of their own actions, like failing to move over to the left shoulder when a truck started to swerve or avert, they may receive compensation that is reduced. It is important to hire an attorney for personal injuries who is experienced and knowledgeable to take care of your case. Contact us now to begin.