20 Things You Should Know About Truck Accident Law
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A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will seek out evidence, including the maintenance records of trucking companies, that may support a claim of negligence.
A NYC truck accident lawyer can assist you in determining who's at fault in your case and help you recover for your injuries.
1. Fatigued or Injured Driver
The most effective method of determining who is responsible in a collision between a truck and a passenger vehicle is to scrutinize the behavior of the driver. An attorney for truck accidents can make use of surveillance footage and witness testimony to determine which driver who is at fault.
A lot of places have surveillance cameras. This includes most intersections interchanges, hotels, gas stations and restaurants. A skilled truck accident lawyer (i was reading this) could use this evidence to identify potential defendants, particularly when the driver was unobservant or distracted when the accident occurred.
In the event of a truck accident it could be that the driver was tired or injured at the time of the crash. A thorough examination of the driver's road logs can reveal whether they slept too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and demand sufficient rest breaks.
The trucking firm could be held accountable for negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, reducing their sleep and rest times and increasing their accident risk could have also contributed.
If a dangerous road caused an accident the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who is knowledgeable can determine the agency responsible and hire a construction or maintenance contractor with experience to look into the cause of any unsafe conditions or other unsafe conditions, if applicable. A knowledgeable attorney can identify various parties who could be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accident lawyers accidents are caused by faulty equipment, including brakes, tires, coupling systems, and cargo restraints. These components were developed to withstand the rigors of use and should be maintained and repaired to prevent failure. If something goes wrong it could leave the driver of a truck accident lawsuit unable to control the vehicle and could cause fatal or serious collisions. Incorrect truck parts and equipment could be the fault of several entities that include the trucking firm or the manufacturer, as well as the repair or parts dealer shop.
If an accident occurs because of a defective piece of equipment or a component the person who was injured can seek damages for both economic and noneconomic losses. Economic damages can include current and future medical expenses lost income, loss of earning capacity. Noneconomic damages may include discomfort and pain as well as brain injuries that are traumatic, and emotional anxiety. In certain circumstances punitive damages could be available to punish the defendant in order to prevent similar negligence from occurring in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment issues are inevitable. When this happens, it is important to determine the liable parties to seek compensation for your losses.
The skilled lawyers at Burch law firm are able to assist you if you have been involved in a truck crash. Contact us today to set up a free consultation. Our lawyers will go over the case, identify the responsible parties, and fight for the compensation you're entitled to. We can help you get compensation for medical expenses, lost wages, and physical or emotional suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day seven days a week to answer your call.
3. Improperly Loaded Cargo
The cargo that trucks carry on the road might seem simple enough, but there are strict regulations that loaders and drivers must adhere to when stacking and securing their loads. Failure to follow these guidelines could cause 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.
Many of these truck crashes involve cargo falling off of the vehicle and onto other vehicles or the roadway. This can be especially dangerous because the cargo could create an obstruction or create a risk on the road, causing drivers to turn around or hit it. It may also fall on people who are biking or walking within the vicinity of the truck.
Depending on the way in which the accident took place, a variety of parties could be responsible. If a driver was negligent in loading his or her cargo, for example, that person might be held accountable under the legal doctrine of respondeat superior. The trucking company who employed the driver could also be held accountable, as it is responsible for the actions of its employees under the principle of vicarious accountability.
An experienced lawyer for truck accidents will use police reports as well as professional investigators to identify the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco & Saile LLC can help victims identify the right defendants to file a claim against for compensation for their losses. A successful claim can result in a settlement or a verdict that provides victims with the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their vehicles in good condition. If they fail to do so it could lead to serious accidents. Trucks are often equipped with mechanical parts that must be inspected and replaced to allow them to work correctly. If this is not done, it can lead to a dangerous and unsafe road.
The weather and road conditions can also trigger truck accidents. Because of their size, trucks are more likely to be involved in accidents during stormy weather and on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration rules about the amount of time they can drive per day. These regulations are designed to protect the public, but if truck accident compensation drivers fail to follow them in order to meet deadlines, or to gain more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings such as solid or broken lane lines that cause confusion for drivers about what lane they're in and merging lane ramps that are too small for truck accident lawyer larger vehicles to safely switch lanes.
If a truck accident happens due to road conditions that are poor the trucking company or government agency accountable to maintain the road could be held accountable. It is imperative to prove that the party responsible for the incident violated their duty of care in creating dangerous conditions. This can be a result of negligent hiring, maintenance of the vehicle, or drug screenings. California law allows victims to claim 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 extremely hazardous for pedestrians walking along the streets or within their own yards. Pedestrians are often not protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries.
In these types of situations, a personal injury attorney will pursue compensation from any party who was negligent. In some cases the responsible party could be the truck driver who ran a red flag and hit the pedestrian. But in other cases, it could be a trucking business 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 often result from the driver's inattention or distraction. This type of accident is quite common in car accidents, but it can be deadly for truck drivers because they are higher in the air and have larger blind zones which are difficult to perceive.
A pedestrian who is injured in a crash with a truck can receive compensation for medical expenses as well as lost earnings, pain and discomfort, and property damage. In some instances, where the plaintiff is found to be partially 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. This is why it is important to hire an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us today to get started.
A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will seek out evidence, including the maintenance records of trucking companies, that may support a claim of negligence.
A NYC truck accident lawyer can assist you in determining who's at fault in your case and help you recover for your injuries.
1. Fatigued or Injured Driver
The most effective method of determining who is responsible in a collision between a truck and a passenger vehicle is to scrutinize the behavior of the driver. An attorney for truck accidents can make use of surveillance footage and witness testimony to determine which driver who is at fault.
A lot of places have surveillance cameras. This includes most intersections interchanges, hotels, gas stations and restaurants. A skilled truck accident lawyer (i was reading this) could use this evidence to identify potential defendants, particularly when the driver was unobservant or distracted when the accident occurred.
In the event of a truck accident it could be that the driver was tired or injured at the time of the crash. A thorough examination of the driver's road logs can reveal whether they slept too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the time that truckers spend on the road and demand sufficient rest breaks.
The trucking firm could be held accountable for negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, reducing their sleep and rest times and increasing their accident risk could have also contributed.
If a dangerous road caused an accident the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who is knowledgeable can determine the agency responsible and hire a construction or maintenance contractor with experience to look into the cause of any unsafe conditions or other unsafe conditions, if applicable. A knowledgeable attorney can identify various parties who could be responsible, and seek compensation from every source.
2. Defective Equipment
Many truck accident lawyers accidents are caused by faulty equipment, including brakes, tires, coupling systems, and cargo restraints. These components were developed to withstand the rigors of use and should be maintained and repaired to prevent failure. If something goes wrong it could leave the driver of a truck accident lawsuit unable to control the vehicle and could cause fatal or serious collisions. Incorrect truck parts and equipment could be the fault of several entities that include the trucking firm or the manufacturer, as well as the repair or parts dealer shop.
If an accident occurs because of a defective piece of equipment or a component the person who was injured can seek damages for both economic and noneconomic losses. Economic damages can include current and future medical expenses lost income, loss of earning capacity. Noneconomic damages may include discomfort and pain as well as brain injuries that are traumatic, and emotional anxiety. In certain circumstances punitive damages could be available to punish the defendant in order to prevent similar negligence from occurring in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment issues are inevitable. When this happens, it is important to determine the liable parties to seek compensation for your losses.
The skilled lawyers at Burch law firm are able to assist you if you have been involved in a truck crash. Contact us today to set up a free consultation. Our lawyers will go over the case, identify the responsible parties, and fight for the compensation you're entitled to. We can help you get compensation for medical expenses, lost wages, and physical or emotional suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day seven days a week to answer your call.
3. Improperly Loaded Cargo
The cargo that trucks carry on the road might seem simple enough, but there are strict regulations that loaders and drivers must adhere to when stacking and securing their loads. Failure to follow these guidelines could cause 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.
Many of these truck crashes involve cargo falling off of the vehicle and onto other vehicles or the roadway. This can be especially dangerous because the cargo could create an obstruction or create a risk on the road, causing drivers to turn around or hit it. It may also fall on people who are biking or walking within the vicinity of the truck.
Depending on the way in which the accident took place, a variety of parties could be responsible. If a driver was negligent in loading his or her cargo, for example, that person might be held accountable under the legal doctrine of respondeat superior. The trucking company who employed the driver could also be held accountable, as it is responsible for the actions of its employees under the principle of vicarious accountability.
An experienced lawyer for truck accidents will use police reports as well as professional investigators to identify the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco & Saile LLC can help victims identify the right defendants to file a claim against for compensation for their losses. A successful claim can result in a settlement or a verdict that provides victims with the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies are required to keep their vehicles in good condition. If they fail to do so it could lead to serious accidents. Trucks are often equipped with mechanical parts that must be inspected and replaced to allow them to work correctly. If this is not done, it can lead to a dangerous and unsafe road.
The weather and road conditions can also trigger truck accidents. Because of their size, trucks are more likely to be involved in accidents during stormy weather and on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration rules about the amount of time they can drive per day. These regulations are designed to protect the public, but if truck accident compensation drivers fail to follow them in order to meet deadlines, or to gain more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings such as solid or broken lane lines that cause confusion for drivers about what lane they're in and merging lane ramps that are too small for truck accident lawyer larger vehicles to safely switch lanes.
If a truck accident happens due to road conditions that are poor the trucking company or government agency accountable to maintain the road could be held accountable. It is imperative to prove that the party responsible for the incident violated their duty of care in creating dangerous conditions. This can be a result of negligent hiring, maintenance of the vehicle, or drug screenings. California law allows victims to claim 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 extremely hazardous for pedestrians walking along the streets or within their own yards. Pedestrians are often not protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries.
In these types of situations, a personal injury attorney will pursue compensation from any party who was negligent. In some cases the responsible party could be the truck driver who ran a red flag and hit the pedestrian. But in other cases, it could be a trucking business 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 often result from the driver's inattention or distraction. This type of accident is quite common in car accidents, but it can be deadly for truck drivers because they are higher in the air and have larger blind zones which are difficult to perceive.
A pedestrian who is injured in a crash with a truck can receive compensation for medical expenses as well as lost earnings, pain and discomfort, and property damage. In some instances, where the plaintiff is found to be partially 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. This is why it is important to hire an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us today to get started.
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