How Truck Accident Law Has Changed The History Of Truck Accident Law
Truck Accident Law
A lawyer who has knowledge of the field is well-versed in the laws which govern truck drivers and trucking firms. They will conduct an investigation to find evidence, including trucking company maintenance records which could support a claim of negligence.
A NYC truck accident lawyer can determine the responsible parties in your case, and assist you in recovering from your injuries.
1. Injured or fatigued Driver
If a car that is a passenger encounters a truck, the most efficient method to determine the liability is to examine the manner of driving and behavior. A truck accident lawyer can use surveillance footage and witness testimony to determine which driver who is at fault.
A lot of places have surveillance cameras. This includes many intersections, hotels, interchanges gas stations, restaurants and hotels. This evidence can be used by a truck wreck lawyer to determine a potential defendant, particularly if the driver was distracted or not paying attention at the time of the incident.
In the case of truck accidents it is possible that the driver was tired or injured during the time of the accident. A thorough analysis of the logs from the driver can reveal if they went too long without sleep or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and demand adequate rest breaks.
The trucking company may also be held responsible for the negligence of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their rest and sleep hours 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 that is responsible for maintaining it could be held responsible. A truck accident lawyer who is knowledgeable will identify the person responsible and then hire a contractor for construction or maintenance with experience to investigate the root of any unsafe conditions in the event of a case. A seasoned attorney can identify multiple parties that may be responsible and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, like brakes as well as the coupling system, tires, and cargo restraints. These equipments are designed to withstand rigorous usage and must be inspected, maintained, and repaired to prevent failure. When something goes wrong the trucker might not be able to control their vehicle, and this can lead to serious or fatal accidents. The problem with defective truck parts and equipment can be the responsibility of several entities such as the trucking company, the manufacturer, and the repair or parts dealer shop.
If an accident occurs as a result of an equipment or a part, the injured party can seek compensation for both economic and noneconomic losses. Economic damages may include future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain and emotional distress. In certain instances punitive damages might be available to punish the defendant in order to stop similar mistakes from happening again in the future.
Even with the best efforts by trucking companies and drivers equipment malfunctions are bound to happen. It is crucial to identify the responsible parties to seek compensation for your loss.
The skilled lawyers at Burch law firm can assist you in the event that you've been involved in a collision with a truck. Contact us today for an appointment for a no-cost consultation. Our lawyers will examine the case, find responsible parties, and fight for the compensation you deserve. We can assist you in recovering the compensation you deserve for medical bills as well as lost wages from work, as well as physical and emotional suffering. quincy truck accident lawsuit handle cases in Missouri, including Jefferson City and Columbia. We are available to take your calls all day 7 days a week.
3. Improperly Loaded Cargo
The cargo that trucks transport on the road may seem easy enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. Failure to follow these guidelines can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the main causes of truck accidents.
Many of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This is especially risky because the cargo could create an obstacle or hazard on the road, causing drivers to turn around or hit it. It may also fall onto people who are walking or riding bikes in the vicinity of a truck.
Based on the circumstances of the accident, there may be multiple parties at fault. A driver who was negligent while loading his or cargo could be held liable according to the legal doctrine of respondeat superior. However, the trucking company that employs the driver could be held accountable, too, since it is accountable for the actions of its employees according to the principle of vicarious liability.
An experienced lawyer for truck accidents can make use of police reports and professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC will assist victims in determining the right defendants to file a claim against for compensation for their loss. A successful claim could result in a verdict or settlement which will give victims the money they require to cover the costs of.
4. Road conditions that are unsafe
Trucking companies, as as their drivers, have a responsibility to maintain their vehicles in good working order. Failure to do so could lead to serious accidents. To ensure that the trucks are operating correctly, mechanical components are regularly checked and replaced. When this doesn't happen it results in an unsafe and dangerous road.
The conditions of the road and weather can also cause truck crashes. Due to their huge size, trucks are more likely to be involved in a crash when they are driving in bad weather or on wet roads. Additionally, truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive each day. These rules are intended to protect the public, but if truck drivers ignore them to meet deadlines or to gain more money from their employers, they put the public in danger.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient road markings, such solid or broken lines that confuse drivers about which lane they are in, and merging ramps that are not long enough for large vehicles to safely change lanes.
If a car accident occurs because of poor roadway conditions, the trucking company or government agency responsible for maintaining that road may be held liable for the occurrence. It is essential to prove that the person in question violated their duty of care in creating unsafe conditions. This may include negligent hiring and maintenance of the vehicle, and drug testing. Under California law, the victims may seek compensation for medical expenses and lost income, pain and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along streets or in their yards. Pedestrians typically have no protection from the huge size and weight of a truck, and may suffer devastating, often fatal injuries from such crashes.
In these cases in these types of cases, a personal injury lawyer will seek compensation from any party who was negligent. In some instances, this may be as simple as suing the truck driver if they ran through a red light, and then struck the pedestrian, however in others it could be the trucking company who allowed the trucker longer shifts than allowed by law, failed to take care of the vehicle, or even conducted an investigation into the background of the driver which would have revealed an occurrence of unsafe driving behavior.
Accidents involving trucks and pedestrians are usually caused by the driver's inattentiveness or apathy. Although this type of incident is not uncommon in any car accident, it can be more deadly because truck drivers are usually higher in their cabs and have larger blind areas that are difficult to discern.
If a pedestrian gets injured in a car accident and is injured, they may be awarded damages for medical expenses or loss of earnings pain and suffering, as well as property damage. However, in some cases where the plaintiff is found to be partially at fault for the crash due to their own actions, such as not moving over to the left shoulder when a truck started to swerve, they can have their compensation reduced accordingly. This is why it's vital to choose a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to begin.