10 Misconceptions Your Boss Shares Regarding Truck Accident Law
Truck Accident Law
A competent truck accident lawyer is knowledgeable about the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will look into evidence, like the maintenance records of trucking companies, that may be used to prove negligence.
A NYC truck accident attorney can determine the negligent parties in your case, and help you recover from your injuries.
1. Driver injured or fatigued
The simplest method to determine who is at fault in a collision between the truck and a passenger car is to look at the driver's behavior. A truck accident attorney can utilize surveillance footage as well as testimony from witnesses to determine the driver at fault.
Many locations are equipped with surveillance cameras, which includes the majority of interstates and interchanges, as well as some hotels, gas stations, restaurants, and other establishments. A skilled truck accident lawyer can use this evidence in order to identify a potential defendant, particularly when the driver was unobservant or distracted during the time of the accident.
In livonia truck accident lawyer of truck accidents it is possible that the driver was fatigued or even injured during the time of the accident. A thorough analysis of the driver's logs will reveal if they spent too long without sleeping 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 demand regular rest breaks.
The trucking company could also be held liable 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, reducing their rest and sleep hours and putting them at risk for accidents may have contributed.
The government agencies that maintain roads may also be liable if a hazardous roadway contributed to the accident. 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, if applicable. An experienced attorney can pinpoint several parties that could be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents are caused by defective equipment, including brakes as well as the coupling system, tires and cargo restraints. These pieces of equipment were created to withstand the rigors of use and should be maintained and repaired to prevent failure. If something goes wrong, the trucker might not be able to control their vehicle and this can lead to fatal or serious accidents. The trucking company, the manufacturer of parts, the 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 a part, the injured party can seek compensation for both financial and noneconomic losses. Economic damages can include current and future medical expenses, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering trauma to the brain and emotional distress. In certain cases, punitive damages are awarded to punish the defendant and prevent future negligent behavior.
Even with the best efforts of trucking companies and drivers equipment problems are bound to happen. If this happens, it is crucial to identify the responsible parties to claim compensation for your losses.
The highly skilled attorneys at the Burch law firm can assist those who have been in a truck accident. Contact us today for an appointment for a no-cost consultation. Our lawyers will evaluate your case, identify liable parties, and fight to secure the compensation that you deserve. We can assist you in obtaining compensation to pay medical bills as well as lost wages and physical or emotional pain. We handle cases throughout Missouri including Jefferson City and Columbia. We are ready to take your calls anytime, seven days a week.
3. Improperly Loaded Cargo
The cargo trucks transport on the road might seem simple enough, but there are strict rules that loaders and drivers must adhere to when stacking and secure their loads. Infractions to these rules could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the leading causes of truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto other vehicles or roads. This can be particularly risky due to the fact that the cargo may create an obstruction or create a risk on the road, forcing motorists to swerve or smash into it. It may also fall on people who are cycling or walking in the vicinity of the truck.
In the event of the accident, there may be multiple parties to blame. A driver who was negligent while loading his cargo may be held responsible in the context of the legal theory respondeat superior. However the trucking company which employs the driver could be equally liable, because it is responsible for the actions of its employees according to the principle of vicarious liability.
An experienced truck accident attorney can use 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 make a claim against to seek compensation for their loss. A successful claim may result in a settlement or a verdict which provides victims with the financial support they require to recover from their injuries.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their trucks in a good working condition. If they do not it could result in serious accidents. To ensure that the trucks are operating properly, mechanical parts are regularly checked and replaced. If this is not done, it could result in a dangerous, unsafe road.
The weather and road conditions can cause truck accidents too. Because of their size trucks are more likely to be involved in crashes during bad weather conditions and on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the hours they can drive per day. These rules are meant to protect the public. However, when truckers ignore them to meet deadlines, or to make more money from their employers, they put the public at risk.
Unsafe road conditions may include slick roads that hinder tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues include poor lane markings such as broken or solid lane lines that make drivers confused about what lane they're in and merging ramps for lane switching that are too small for large vehicles to safely change lanes.
If a car accident occurs because of poor roadway conditions, the trucking company or the government agency responsible for maintaining that road could be liable for the accident. It is essential to prove that the person in question violated their duty of care by causing unsafe conditions. This can include negligent hiring and maintenance of the vehicle, or drug testing. California law permits victims to recover damages for medical bills as well as lost wages, suffering and loss of quality of life.
5. Injuries to pedestrians
Truck accidents can be dangerous for pedestrians on the streets or even in their yards. Most pedestrians don't have protection from the massive size and weight of a truck and they can sustain catastrophic, often fatal injuries from these types of crashes.
In these types of cases, a personal injury attorney will seek compensation from any party who was negligent. In some instances, this may be as simple as suing the truck driver who ran an intersection and struck the pedestrian, however in other cases it could be the trucking firm that allowed the trucker to work longer shifts than allowed by law, failed to perform proper maintenance on the vehicle, or even conducted an background check that could have revealed the history of unsafe driving habits.
Accidents involving pedestrians and trucks tend to be caused by drivers' inattention or apathy. Although this type of incident is common with any car accident, it may be more deadly because truck drivers are generally higher up in their cabs and have larger blind spots which are difficult to spot.
When a pedestrian is injured in a truck accident, they can be awarded compensation for medical expenses and loss of earnings, suffering and property damage. In some instances, where the plaintiff is found to be partly responsible for the crash because of their own actions, such as failing to move over to the left shoulder when a truck began to swerve, they will receive compensation that is reduced. It is crucial to find an attorney for personal injuries who is experienced and knowledgeable to take care of your case. Contact us today to get started.