10 Things We Hate About Truck Accident Law
shreveport truck wreck lawyer with expertise in the field has a deep understanding of the laws that regulate truck drivers and trucking firms. They will look into and find evidence like maintenance records of the trucking firm that could be evidence of negligence. A NYC truck accident lawyer in NYC can help you determine who is at fault in your case and help you recover for your injuries. 1. Driver injured or fatigued The most effective method of determining who is responsible in a collision between two vehicles, a truck and a car is to study the driver's behavior. A lawyer who handles truck accidents will review the footage of surveillance and witness testimony to determine which driver was at fault. Many locations are equipped with surveillance cameras, which includes the majority of intersections and interchanges as well as certain gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck accident lawyer to identify a possible defendant, particularly if the driver seemed distracted or unfocused at the time of the incident. In truck accidents, the driver may be injured or fatigued at the time of the incident. A thorough examination 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 restrict the time truckers are allowed to spend on the road and require adequate rest breaks. The trucking company could be held responsible for the negligent acts of their employee. A negligent hiring or training practice might have contributed to the accident, as can policies that encourage drivers to remain on the road for as long as is possible, minimizing their rest and sleep time and increasing their risk of being involved in an accident. If a hazardous road resulted in an accident, the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who is experienced will identify the person responsible and hire a construction or maintenance contractor who is experienced to investigate the root of any unsafe conditions and, if necessary, to determine the cause. An experienced attorney can pinpoint various parties who could be responsible, and seek compensation from every source. 2. Defective Equipment Many truck accidents happen because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to endure rigorous use, and must be checked and maintained to prevent failure. If something goes wrong the driver may be unable to control their vehicle and this could lead to fatal or serious accidents. Defective truck parts and equipment may be the responsibility of several different entities which include the trucking company or the manufacturer, as well as the repair or parts dealer shop. If an accident occurs because of a malfunctioning piece of equipment or a component the injured party may seek compensation for both economic and noneconomic losses. Economic damages can include current and future medical expenses, lost income, and loss of earning capacity. Noneconomic damages could include discomfort and pain or traumatic brain injuries and emotional distress. In certain circumstances, punitive damages may also be available to punish the defendant in order to stop similar negligence from happening again in the future. Even with the best efforts by trucking companies and drivers equipment issues will always occur. If this happens, it is crucial to identify the responsible parties so that you can pursue compensation for your loss. If you've been injured in a truck collision The experienced lawyers at Burch Law Firm can assist. Contact us today to schedule an appointment at no cost. Our lawyers will evaluate your case, determine liable parties and fight to get the compensation you're entitled to. We can help you obtain compensation to pay medical bills, lost wages, and emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours a day seven days a week to answer your calls. 3. Unproperly Loaded Cargo Truck drivers and loaders must adhere to strict regulations in stacking and securing cargo they transport on the road. Failure to adhere to these guidelines could cause serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the most common reasons for truck accidents. Many of these truck crashes involve cargo falling off of the vehicle and onto other vehicles or the road. This is especially risky due to the fact that the cargo may create an obstruction or create a risk on the road, causing drivers to turn around or smash into it. It could also fall on pedestrians who are cycling or walking within the vicinity of the truck. Based on the manner in which the incident occurred, a number of parties could be responsible. If the driver was negligent when loading their cargo, for instance it could be held liable according to the legal theory of respondeat superior. The trucking company that employed the driver could also be held accountable for its actions, since it is responsible for the actions of its employees under the principle vicarious responsibility. In instances where an accident was caused by inadequately secured or loaded cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was accountable. A Cordisco and SAIL LLC lawyer can assist victims in determining the defendants they should pursue a claim for compensation against. A successful claim may result in a settlement or a verdict that gives victims the financial assistance they require to recover from their injuries. 4. Unsafe Road Conditions Companies that operate trucks, as well their drivers, share the responsibility of keeping their vehicles in good working order. In the absence of this, it can result in serious accidents. To ensure that trucks work correctly, mechanical parts are frequently checked and replaced. If this isn't the case it can result in an unsafe and hazardous road. Accidents involving trucks can also be caused by dangerous weather and road conditions. Due to their size trucks are more likely to crash in stormy weather conditions and on roads with a lot of water. In addition 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 meant to protect the public. However truckers disregard them to meet deadlines or to earn more cash from employers, they are putting the public at risk. Unsafe road conditions include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues include insufficient road markings, such broken or solid lines that confuse drivers about the lane they're in, and merging ramps that are not long enough for large vehicles to safely switch lanes. If a truck accident happens due to road conditions that are poor the trucking company or the government agency that is responsible to maintain the road could be held liable. It is crucial to prove that the person in question violated their duty of care by causing dangerous conditions. This could include negligent hiring or maintaining the vehicle, or drug testing. Under California law, the victims may claim compensation for medical bills or lost income, suffering, and loss of quality of life. 5. Injuries to pedestrians Truck accidents are dangerous for pedestrians walking along roads or even in their yards. The majority of pedestrians are not protected from the size and weight of a truck, and may suffer devastating, often fatal injuries from such crashes. In these situations an attorney who is able to handle personal injury will seek compensation from the responsible party. In some instances it could be as straightforward as the truck driver if they ran an intersection and struck the pedestrian, however in other instances, it could be the trucking firm that permitted the trucker to work longer hours than permitted by law, failed to maintain the vehicle, or conducted an investigation into the background of the driver that would have revealed the history of unsafe driving habits. Accidents involving pedestrians and trucks are often result from the driver's inattention or distraction. While this type of accident is common with any car accident, it could be more deadly because truck drivers are generally higher in their cabs, and have bigger blind spots that are difficult to see. A pedestrian who is injured in a crash with a truck can receive compensation for medical expenses and lost earnings, as well as discomfort and pain, and property damage. However, there are instances where the plaintiff is found to be partly at fault 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 could have their compensation reduced accordingly. It is crucial to find an injury lawyer that is experienced and knowledgeable to take care of your case. Contact us now to get started.