5 Conspiracy Theories About Truck Accident Law You Should Avoid
Truck Accident Law
A competent truck accident lawyer has in-depth knowledge of the trucking industry, encompassing the specific laws that apply to truck drivers and trucking companies. They will conduct an investigation to find evidence, like maintenance records for trucking companies, that may support a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's the fault in your situation and assist you in recovering your injuries.
1. Fatigued or injured driver
The simplest method to determine who is at fault in a collision between an automobile and a car is to look at the behavior of the driver. A truck accident lawyer can make use of surveillance footage and witness testimony to determine the driver responsible.
Many locations have surveillance cameras. This includes many intersections, interchanges, hotels gas stations, restaurants, and hotels. warwick truck wreck lawyer for truck accidents can use this evidence in order to identify the potential defendant, particularly when the driver was unobservant or distracted at the time of the accident.
In the event of a truck accident, it is also possible that the driver was fatigued or even injured during the time of the accident. A thorough review of the driver's logs can reveal if they went too long without rest or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and require regular rest breaks.
The trucking firm could be held liable for the negligent actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, while reducing their sleep and rest times and thereby increasing their risk of being injured may have contributed.
If a road with a danger factor resulted in an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who has experience can determine the agency responsible and hire a construction or maintenance contractor who is experienced to investigate the causes of any dangerous conditions or other unsafe conditions, if applicable. A knowledgeable attorney can also determine which parties could be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are the result of faulty equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and must be properly examined, maintained, and repaired to avoid failure. When something goes wrong it could render the truck driver unable control the vehicle and could result in fatal or serious collisions. The problem with defective truck parts and equipment may be the responsibility of several entities, including the trucking company as well as the manufacturer and the repair or parts dealer shop.
If an accident occurred as a result of a defective component or piece of equipment, the person injured could seek damages for both economic and noneconomic losses. Economic damages can include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering trauma to the brain emotional distress, and traumatic brain injury. In some cases punitive damages can be given to punish the defendant and stop future recklessness.
Despite the best efforts of trucking companies and their drivers, some equipment problems are inevitable. It is essential to identify the parties responsible in order to pursue compensation for the loss.
The highly skilled attorneys at the 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 an appointment for a no-cost consultation. Our lawyers will review the case, identify the responsible parties, and fight for the compensation you deserve. We can help you recover compensation for medical expenses or lost wages from work and emotional and physical suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are ready to take your calls 24/7 7 days a week.
3. Improperly Loaded Cargo
The cargo that trucks carry on the road may appear easy enough, but there are strict guidelines that drivers and loaders must adhere to when stacking and securing their loads. Infractions to these guidelines could lead to serious problems. In a recent study the Federal Motor Carrier Safety Administration found that shifting cargo was one of the main reasons for truck accidents.
Many of these truck accidents result in cargo falling off the vehicle and onto other vehicles or the road. This is especially dangerous, as the cargo could cause a danger or an obstacle on the road, and force other drivers to slow down. It could also fall on pedestrians or riders on bikes within the vicinity of a truck.
Based on the manner in which the incident took place, a variety of parties could be at fault. If an individual driver was negligent in loading their cargo, for example, that person might be held responsible under the legal principle of respondeat superior. However the trucking company which employs that driver might be also liable because it is responsible for the actions of its employees under the principle of vicarious liability.
In cases where accidents occur due to unsecurely loaded or secured cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was responsible. A Cordisco and SAIL LLC attorney will assist victims to determine which defendants they should file a claim for compensation against. A successful claim could result in a settlement or a verdict which provides victims with the financial support they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as well their drivers, also have a responsibility to maintain their trucks in good working condition. Failure to do this could result in serious accidents. To ensure that trucks work correctly, mechanical components are often inspected and replaced. If this is not done, it can lead to a dangerous and unsafe road.
The weather and road conditions can also cause truck crashes. Due to their dimensions, trucks are more likely to be involved in a crash if they travel in bad weather conditions or on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These rules are intended to protect the public, but when truck drivers don't follow them in order to meet deadlines or to gain 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 surface that causes skidding. Other problems include inadequate lane markings such as broken or solid lane lines that confuse drivers about the lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
If a car accident occurs because of road conditions that are poor, the trucking company or the government agency that is responsible for maintaining the road could be liable for the accident. The person who caused the dangerous conditions must be proven to have violated its obligation of care. This could be due to negligent hiring or vehicle maintenance, as well as testing for drugs. California law permits victims to recover damages for medical bills and lost wages, as well as suffering and loss of quality of life.
5. Injury to a pedestrian
Truck accidents pose danger to pedestrians walking along roads or even in their yards. The majority of pedestrians are not protected from the huge size and the weight of a truck and they can sustain catastrophic, often fatal injuries from these kinds of accidents.
In these instances an attorney who is able to handle personal injury can seek compensation from the negligent party. In some instances, this may be as simple as the truck driver if they ran through a red light, and then struck the pedestrian, but in other cases it could be the trucking firm that allowed the trucker to work longer shifts than is permitted by law, did not maintain the vehicle, or even conducted an examination of their background that would have revealed a history of unsafe driving habits.
Distraction or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. While this kind of incident is not uncommon in any car accident, it may be more deadly due to the fact that truck drivers are typically higher in their cabs and have bigger blind areas that are difficult to discern.
A pedestrian who is injured in a collision with a truck may receive damages for medical expenses, lost earnings, pain and discomfort, and property damage. However, there are cases where the plaintiff is found to be partially accountable for the accident because of their own actions, for example, not moving over to the left shoulder when a truck began to swerve, they could receive compensation that is reduced. This is why it is vital to choose a knowledgeable and experienced personal injury lawyer to manage your case. Contact us now to get started.