5 Truck Accident Law Myths You Should Stay Clear Of
Truck Accident Law
A lawyer who has expertise in the industry has a deep understanding of the laws that govern truck drivers as well as trucking companies. They will investigate to uncover evidence, including trucking company maintenance records which could justify a claim of negligence.
A NYC truck accident lawyer in NYC can assist you in determining who's at fault in your case and assist you in recovering your injuries.
1. Driver injured or fatigued
The most efficient method to determine who is responsible in a collision between a truck and a passenger vehicle is to scrutinize the behavior of the driver. A lawyer for truck accidents can look over video surveillance footage and witness testimony to determine the driver who was responsible for the accident.
A lot of places have surveillance cameras. This includes many intersections interchanges, hotels gas stations, restaurants, and hotels. This evidence can be used by a truck accident lawyer to determine a potential defendant, especially if the driver appeared distracted or inattentive at the time of the incident.
In the event of a truck crash it is possible that the driver was tired or injured at the time of the crash. The road logs of the drivers will reveal if they had a sleepless night or did not observe the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking firm could be held liable for the carelessness of their employees. A negligent hiring or training process could have contributed to the accident, as could the policies that encourage drivers to stay on the road for as long as is possible, which can result in a reduction in rest and sleep time, and thereby increasing the risk of being involved in an accident.
If a road that is dangerous contributed to an accident, the government agency responsible for maintaining it can be held accountable. A truck accident lawyer who is knowledgeable can identify the responsible agency and hire a contractor for construction or maintenance who is experienced to investigate the cause of any unsafe conditions in the event of a case. An experienced lawyer can identify multiple parties that may be responsible, and seek compensation from each source.
2. Defective Equipment
Many truck accidents are caused due to defective equipment, including the brakes as well as the coupling system, tires, and cargo restraints. These pieces of equipment are designed to endure rigorous use and must be properly examined and maintained to avoid failure. If something goes wrong it could render the truck driver unable control the vehicle and could result in fatal or serious collisions. The trucking company, the manufacturer, parts dealer or repair shop may be held accountable for the defective truck parts and equipment.
If an accident took place because of a defective component or piece of equipment, the person injured could seek compensation for economic and noneconomic damages. Economic damages can include medical expenses at present and in the future, lost income and the loss of earning potential. Noneconomic damages include pain and suffering and brain injuries that are traumatic emotional distress. In certain cases, punitive damages may also be available to punish the defendant in order to stop similar negligence from happening again in the future.
Despite the best efforts of trucking companies and drivers equipment malfunctions will always occur. It is crucial to identify the parties responsible in order to seek compensation for your losses.
The highly skilled attorneys at the Burch law firm can assist you in the event that you've been involved in a collision with a truck. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will examine your case, identify liable parties and fight to obtain the compensation you're entitled to. We can help you obtain compensation to pay medical bills, lost wages, and physical or emotional pain. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day seven days a week to answer your call.
3. Improperly Loaded Cargo
The cargo trucks carry on the road might seem easy enough, but there are strict guidelines that loaders and drivers must adhere to when stacking and secure their loads. Failure to adhere to these guidelines could result in serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the major reasons for truck accidents.
lakewood truck wreck lawyer of these truck crashes involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This is especially dangerous because the cargo can create a hazard or obstacle on the road and cause motorists to swerve. It could also fall on pedestrians or riders on bikes in the vicinity of a truck.
Based on the circumstances surrounding the accident, there may be several parties at fault. If the driver was negligent when loading their cargo, for instance it could be held responsible according to the legal theory of respondeat superior. The trucking company employing that driver may also be liable, as it is responsible for its employees' actions in accordance with the principle of vicarious liability.
In instances where an accident happened because of unsecurely loaded or secured cargo, an experienced truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who is at fault. An attorney from Cordisco and Saile LLC may assist victims in determining the proper defendants to file a claim against for compensation for their losses. A successful case could 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
Companies that operate trucks, as well their drivers, also have the responsibility of keeping their trucks in good working condition. In the absence of this, it can result in serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced in order for them to function correctly. If this is not done, it could result in a dangerous and unsafe road.
The weather and road conditions can also trigger truck accidents. Because of their size trucks are more prone to be involved in accidents during stormy weather conditions and on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration rules about the amount of hours they are permitted to drive each day. These rules are meant to protect the public. However truckers disregard these rules to meet deadlines or to get more money from employers, they place the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues are inadequate lane markings, such as solid or broken lines of lane that confuse drivers about which lane they're in, and merging lane ramps that are too small for larger vehicles to safely change lanes.
If a truck crash occurs because of poor road conditions, the trucking firm or government agency that has the responsibility to maintain the road may be held accountable. It is imperative to prove that the party in question violated their duty of care by creating unsafe conditions. This can be a result of negligent hiring or maintaining the vehicle, or drug tests. California law allows victims to seek damages for medical expenses and lost wages, as well as suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a vehicle and can be terribly injured or killed.
In these kinds of cases, a personal injury attorney will seek compensation from any party that was negligent. In some instances the negligent party could be the driver of the truck who crossed a red light and hit the pedestrian. But in other cases, it could be a trucking company which allowed the trucker to work longer than what is permitted by law, or failed to maintain the vehicle in a proper manner.
Accidents involving pedestrians and trucks are most often caused by the driver's lack of attention or distraction. This type of accident is very common in car accidents, but it can be fatal for truck drivers because they are higher up and have larger blind zones which are difficult to perceive.
If a pedestrian is injured in a truck accident and is injured, they may be awarded compensation for medical expenses as well as loss of earnings, pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partially responsible for the crash because of their own actions, like failing to move over to the left shoulder when a truck began to swerve, they will be awarded a lower amount of compensation. It is important to hire an attorney for personal injuries who is knowledgeable and experienced to take care of your case. Contact us today to start.