Truck Accident Law: 11 Things You're Not Doing
Truck Accident Law A lawyer for truck accidents with expertise in the industry has a thorough understanding of the laws which govern truck drivers and trucking firms. They will look into evidence, like maintenance records for trucking companies, that may support a claim of negligence. A NYC truck accident lawyer will determine the responsible parties in your case, and assist you in recovering from your injuries. 1. Fatigued or Injured Driver The easiest way to determine who is responsible in a collision between two vehicles, a truck and a vehicle is to scrutinize the behavior of the driver. An attorney for truck accidents can use surveillance footage and witness testimonies to determine the driver at fault. Many places are equipped with surveillance cameras, such as most interchanges and intersections as well some gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if a driver was distracted or not paying attention at the time of the incident. In truck accidents the driver might be injured or fatigued at the time of the incident. The road logs of the drivers will show if they had a sleepless night or did not observe the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road. The trucking company could be held accountable 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 as long as they can, while reducing their sleep and rest times and increasing their accident risk may have contributed. Government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A truck accident lawyer who is experienced will identify the person responsible and engage a contractor for construction or maintenance who is experienced to investigate the root cause of any hazardous conditions or other unsafe conditions, if applicable. An experienced attorney can identify multiple parties that may be liable and pursue compensation from all sources. 2. Defective Equipment Many truck accidents occur because of defective equipment. daly city truck accident lawyer includes brakes, tires and cargo restraints. These equipments are designed to endure rigorous usage and must be assessed, maintained, and repaired to prevent failure. When something goes wrong truckers may not be able to control their vehicle and this can lead to serious or fatal accidents. The problem with defective truck parts and equipment may be the responsibility of several different entities that include the trucking firm and the manufacturer as well as the repair or parts dealer shop. If an accident happened because of a defective component or piece of equipment, the person injured could seek damages for both economic and noneconomic damages. Economic damages may include future and current medical expenses as well as lost income and loss of earning capacity. Noneconomic damages can include discomfort and pain or traumatic brain injuries and emotional distress. In certain circumstances, punitive damages may be awarded to punish the defendant and to prevent future negligent behavior. Despite the best efforts of trucking companies and their drivers, certain equipment issues are inevitable. When this happens, it's crucial to identify the responsible parties so that you can claim compensation for your losses. If you've been in a truck crash and need help from an experienced attorney at Burch Law Firm can help. Contact us today to schedule a free consultation. Our lawyers will review your case, identify liable parties and fight to get the compensation that you deserve. We can assist you in obtaining compensation to pay medical bills loss of wages, physical or emotional pain. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day, 7 days a weeks to answer your call. 3. Unproperly Loaded Cargo Truck drivers and loaders must adhere to strict rules in stacking and securing cargo they transport on the roads. If they don't follow these guidelines could lead to serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the leading causes of truck accidents. Many of these truck crashes involve cargo falling off of the vehicle and onto other vehicles or the roadway. This can be especially dangerous due to the fact that the cargo may create an obstacle or cause a danger to the road, causing other drivers to swerve or smash into it. It could also fall on people who are biking or walking within the vicinity of the truck. Depending on the circumstances of the accident, there may be multiple parties at fault. A driver who was negligent in loading his or her cargo might be held liable under the legal theory of respondeat superior. The trucking company that employed the driver may also be liable for its actions, since it is responsible for its employees' actions in the spirit of vicarious responsibility. An experienced attorney for truck accidents can make use of police reports and professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. 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 verdict which will give victims the money they require to cover the costs of. 4. Unsafe Road Conditions Trucking companies and their drivers have a responsibility to maintain their vehicles in good condition, and when they fail to do this, it can lead to serious accidents. To ensure that trucks function correctly, mechanical parts are regularly checked and replaced. If this is not done, it can result in a dangerous and unsafe road. Truck accidents can also be caused by weather conditions or road conditions. Due to their size truck's size, they are more likely 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 guidelines regarding the hours they are permitted to drive each day. These regulations are designed to protect the public, but when truck drivers ignore them in order to meet deadlines, or to get more money from their employers, they put the public in danger. Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues are inadequate lane markings such as solid or broken lines of lane that confuse drivers about the lane they're in and merging lane ramps that are too small for large vehicles to safely switch lanes. If a truck crash occurs because of road conditions that are poor the trucking company or the government agency responsible for maintaining that road may be held liable for the accident. It is essential to prove that the person responsible for the incident violated their duty of care by creating dangerous conditions. This could include negligent hiring or maintaining the vehicle, or drug tests. In accordance with California law, victims are able to recover damages for their medical bills as well as lost income, suffering and loss of quality of life. 5. Injuries to Pedestrians Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck, and may suffer catastrophic or fatal injuries. In these situations an attorney for personal injury can seek compensation from the party who was negligent. In some cases the negligent party could be the truck driver who crossed a red light and struck a pedestrian. But in other cases it could be a trucking company that allowed the trucker to work longer than the law allowed or did not maintain the vehicle in a proper manner. Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. While this type of incident is typical of any car accident, it can be more fatal due to the fact that truck drivers are typically higher in their cabs and have more blind spots which are difficult to spot. If a pedestrian is injured in a car accident and is injured, they may be awarded compensation for medical expenses, loss of earnings, pain and suffering, as well as property damage. In some cases, if the plaintiff is found to be partially at fault for the incident because of their own actions (such as not stepping over to the left side when the truck began to swerve) the amount they receive will be reduced accordingly. It is crucial to find an injury lawyer who is experienced and knowledgeable to take care of your case. Contact us today to begin.