bolingbrook truck wreck lawyer for truck accidents who has experience in the field is well-versed in the laws that govern truck drivers as well as trucking companies. They will conduct an investigation to find evidence, such as the maintenance records of trucking companies that could be used to provide evidence to support a claim of negligence.
A NYC truck accident lawyer in NYC can determine who is at fault in your case and assist you in recovering from your injuries.
1. Driver injured or fatigued
If a car that is a passenger collides with a truck the most efficient method to determine the liability is to review the driver's actions and demeanor. A truck accident lawyer can utilize surveillance footage as well as 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. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, particularly if a driver was distracted or unobservant at the time of the accident.
In the event of a truck accident it could be that the driver was fatigued or even injured at the time of the accident. The road logs of the drivers will show if they had a sleepless night or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking firm could be held accountable for negligent actions of their employees. A negligent hiring or training practice might have contributed to the accident, and so could policies that encourage drivers to stay on the road for as long as they can, which can result in a reduction in rest and sleep hours and thereby increasing the chance of being involved in an accident.
If a hazardous road resulted in an accident, the government agency responsible for its maintenance can be held responsible. A truck accident lawyer who is experienced can identify the agency responsible and then an expert in construction or maintenance with experience to investigate the root cause of any hazardous conditions in the event of a case. A knowledgeable attorney can identify multiple parties that may be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents happen because of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These items were designed to withstand heavy usage and must be maintained and repaired to avoid failure. When something goes wrong it could leave the truck driver unable control the vehicle and could result in serious or fatal collisions. The trucking company, the manufacturer of parts, the parts dealer, or repair shop may all be accountable for the malfunction of truck parts and equipment.
If an accident occurs as a result of a malfunctioning piece of equipment or a component the person who was injured can seek compensation for both financial and noneconomic losses. Economic damages may include future and current medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include pain and suffering trauma to the brain, and emotional distress. In some cases, punitive damages may also be available to punish the defendant in order to prevent similar negligence from happening again in the future.
Despite the best efforts of trucking companies and their drivers, some equipment problems are inevitable. It is essential to identify the parties responsible in order to seek compensation for the losses.
The highly experienced lawyers at Burch law firm are able to assist you if you've been involved in a car accident. Call us today to arrange a free consultation. Our lawyers will evaluate your case, identify liable parties, and fight to secure the compensation that you deserve. We can help you recover compensation for medical bills and lost wages at work and emotional and physical suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are ready to take your calls anytime, seven days a week.
3. Unloading Cargo in a way that isn't safe
The cargo that trucks transport on the roads may seem simple enough, but there are strict guidelines that drivers and loaders must adhere to when stacking and secure their loads. If they don't follow these guidelines, it can lead to serious problems. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most common causes of truck accidents.
The majority of these truck crashes are caused by cargo falling off the truck onto other vehicles or roadways. This is especially risky due to the fact that the cargo may create an obstruction or create a risk on the road, causing other drivers to slow down or smash into it. It could also fall onto pedestrians or cyclists riding bicycles in the vicinity of a truck.
In the event of the incident, there could be multiple parties at fault. If an individual driver was negligent in loading his or her cargo, for example the driver could be held liable under the legal principle of respondeat superior. The trucking company that employed that driver could also be held accountable for its actions, since it is responsible for the actions of its employees in accordance with the principle of vicarious liability.
In the event that an accident occurred due to improperly loaded or secured cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who was accountable. An attorney from Cordisco and Saile LLC can help victims determine the appropriate defendants to bring a lawsuit against for compensation for their loss. A successful case could result in a settlement or verdict that will provide victims with the financial aid they need to recover.
4. Unsafe Road Conditions
The drivers and trucking companies are obliged to keep their trucks in a good working condition, and when they fail to follow this, it can lead to serious accidents. To ensure that trucks work correctly, mechanical components are regularly checked and replaced. If this isn't done it can result in a dangerous and unsafe roadway.
Accidents involving trucks can also be caused by dangerous weather or road conditions. Due to their size trucks are more prone to crash in stormy weather conditions and on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are allowed to drive in a day. These rules are intended to protect the public, but when truck drivers ignore them to meet deadlines or to gain more money from their employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include poor lane markings like solid or broken lane lines that make drivers confused about the lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.
When a truck accident happens due to road conditions that are not safe, the trucking company or the government agency responsible for maintaining that road may be held liable for the incident. It is crucial to prove that the party in question breached their duty of care in creating hazardous conditions, and this could include negligent hiring or maintaining the vehicle, or drug testing. Under California law, victims can claim compensation for medical bills, lost income, suffering and loss of quality of life.
5. Accidents involving pedestrians
Truck accidents are dangerous for pedestrians on the streets or even in their yards. Most pedestrians don't have protection from the enormous size and weight of a truck and they can sustain catastrophic or even fatal injuries from these types of crashes.
In these kinds of cases an attorney for personal injury will seek compensation from any party who was negligent. In some cases it could be as easy as the truck driver if they ran at a red light and hit the pedestrian, however in other cases it could be the trucking firm that allowed the trucker longer shifts than required by law, or failed to take care of the vehicle, or even conducted an investigation into the background of the driver which would have revealed the history of unsafe driving behavior.
Accidents involving trucks and pedestrians tend to be result from the driver's inattention or distraction. This kind of accident is common in car accidents, but it can be deadly for truck drivers because they are higher and have more blind zones that are difficult to see.
When a pedestrian is injured in a car accident, they can be awarded damages for medical expenses or loss of earnings pain and suffering, and property damage. However, there are cases where the plaintiff is found to be partially at fault for the crash because of their own actions, for example, not stepping over the left shoulder when a truck began to swerve, they will be awarded a lower amount of compensation. This is why it is important to hire a knowledgeable and experienced personal injury lawyer to handle your case. Contact us now to begin.