hesperia truck accident attorney 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 company which could provide evidence for a negligence claim.
A NYC truck accident lawyer can assist you in determining who is responsible for your accident and help you recover for your injuries.
1. Fatigued or injured driver
The most effective method of determining who is at fault in a collision between a truck and a passenger car is to study the driver's behavior. A truck accident lawyer can examine the footage of surveillance and witness testimony to pinpoint the driver who was at fault.
A lot of places have surveillance cameras. This includes all intersections interchanges, hotels gas stations, restaurants and hotels. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if the driver seemed distracted or unfocused at the moment of the accident.
In the event of a truck accident the driver may have been fatigued or injured at the time of the accident. A thorough review of the driver's road logs can reveal whether they slept too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that restrict the time truckers can be on the road and require regular rest breaks.
The trucking company could also be held accountable for the negligence of their employees. A negligent hiring or training process could have contributed to this accident, and so could policies that encourage drivers to remain on the road for as long as they can, which can result in a reduction in sleep and rest time and thereby increasing the chance of being involved in an accident.
Government agencies that are responsible for maintaining roads can also be held accountable if a road that is unsafe contributed to the accident. A truck accident lawyer who is well-versed will identify the person responsible and then hire a contractor for construction or maintenance with experience to investigate the cause of any unsafe conditions and, if necessary, to determine the cause. A skilled attorney can identify the multiple parties that could be liable and pursue compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, like brakes, tires, coupling systems, and cargo restraints. These equipments are designed to withstand rigorous use and should be examined and maintained to avoid failure. When something goes wrong, the driver may be unable to control their vehicle, and it could cause fatal or even fatal accidents. The trucking company, manufacturer, parts dealer or repair shop may all be accountable for the malfunction of truck parts and equipment.
If an accident took place because of a defective part or piece of equipment, the victim could pursue damages for economic and noneconomic damages. Economic damages may include medical costs today and in the near future, lost income and the loss of earning potential. Noneconomic damages include pain and suffering trauma to the brain, and emotional distress. In certain cases, punitive damages can be given to punish the defendant and prevent future recklessness.
Despite the best efforts of trucking companies and drivers, equipment problems are a given. It is essential to identify the parties accountable in order to seek compensation for the losses.
The highly experienced lawyers at Burch law firm will assist you in the event that you've been in a truck accident. Contact us today to set up an appointment at no cost. Our lawyers will analyze the case, identify responsible parties, and fight for the compensation you deserve. 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 on hand to answer your calls anytime 7 days a week.
3. Improperly loaded Cargo
The cargo trucks carry on the road may appear easy enough, but there are strict regulations that loaders and drivers must follow in terms of stacking and secure their loads. Infractions to these guidelines could cause serious issues. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the main reasons for truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto roads or other vehicles. This is especially risky since the cargo could cause an obstacle or create a danger on the road, forcing drivers to turn around or to crash into it. It could also fall on people who are cycling or walking in the vicinity of the truck.
In the event of the incident, there could be multiple parties to blame. A driver who was negligent in loading his or cargo could be held liable under the legal theory of respondeat superior. The trucking company employing that driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions in accordance with the principle of vicarious liability.
An experienced attorney for accidents involving trucks can make use of police reports and professional investigators to identify the cause of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to file a claim against for compensation for their loss. A successful claim can result in a settlement or a verdict which gives victims the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as the drivers they employ, bear the responsibility of keeping their trucks in a good working order. Failure to do so can lead to serious accidents. To ensure that trucks work correctly, mechanical parts are regularly checked and replaced. If this isn't done, it could result in a dangerous, unsafe road.
The cause of truck crashes is caused by dangerous weather and road conditions. Due to their huge size, trucks are much more likely to be involved in a crash if they travel in bad weather conditions or on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration rules about the hours they are allowed to drive in a day. These rules are intended to protect the public, but when truck drivers do not follow them to meet deadlines or to get more money from their employers, it puts the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues can be due to inadequate markings for lane lines, like solid or broken lines that confuse the driver about which lane they are in, or merging ramps that are too short for large vehicles to safely switch lanes.
If a truck crash occurs because of poor roadway conditions, the trucking company or the government agency that is responsible for maintaining the road could be held responsible for the occurrence. The person responsible for causing the hazardous conditions must be proven guilty of breaching its duty of care. This could be due to negligent hiring or maintenance of the vehicle, as well as testing for drugs. Under California law, the victims may seek compensation for medical bills or lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose a risk to pedestrians on the streets or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and can suffer catastrophic or fatal injuries.
In these instances an attorney who is able to handle personal injury can seek compensation from the person who caused the injury. In certain cases the responsible party could be the driver of the truck who ran a red signal and hit the pedestrian. But in other cases, it could be a trucking firm which allowed the trucker work longer than the time allowed by law or failed to maintain the vehicle in a proper manner.
Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. While this type of accident is common with any car accident, it could be more deadly because truck drivers are typically higher in their cabs, and have bigger blind areas that are hard to see.
If a pedestrian gets injured in a crash involving a truck, they can be awarded damages for medical bills or loss of earnings suffering and property damage. However, there are cases where the plaintiff is found to be partly responsible for the crash due to their own actions, for example, not stepping over the left shoulder when a truck began to swerve, they can be awarded less compensation. This is why it's vital to choose an experienced and knowledgeable personal injury attorney to manage your case. Contact us today to get started.