arkansas truck accident lawyer who has expertise in the industry has a deep understanding of the laws which govern truck drivers and trucking companies. They will search for and uncover evidence, such as maintenance records of the trucking company that could support a negligence claim.
A NYC truck accident lawyer will determine the negligent parties in your case and help you recover from your injuries.
1. Injured or fatigued Driver
The simplest method to determine who is at fault in a collision between the truck and a passenger car is to look at the behavior of the driver. A truck accident lawyer can examine surveillance footage and witness testimony to pinpoint the driver who was at fault.
Many places are equipped surveillance cameras, which includes the majority of interchanges and intersections as well like certain gas stations, hotels, restaurants, and other businesses. A skilled lawyer for truck accidents can use this evidence in order to identify the potential defendant, particularly if the driver seemed inattentive or distracted at the time of the accident.
In the event of a truck accident it is possible that the driver was fatigued or even injured during the time of the accident. The road logs of the drivers will reveal if they had a sleepless night or didn't follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.
The trucking company could also be held responsible for the carelessness of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep time and increasing their risk of accident could have also contributed.
The government agencies responsible for maintaining roads can also be held accountable if a dangerous road caused the accident. A skilled truck accident lawyer can identify the appropriate agency and then hire a seasoned construction or maintenance contractor to look into the cause of the unsafe situation and, if appropriate, to determine the cause. An experienced attorney can identify multiple parties that may be liable, and pursue compensation from each source.
2. Defective Equipment
Many truck accidents occur because of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were designed to withstand heavy use and must be maintained and repaired to avoid failure. When something goes wrong, it could render the driver of a truck in a position to control the vehicle and can result in serious or fatal collisions. Damaged truck parts and equipment may be the fault of several different entities that include the trucking firm and the manufacturer as well as the repair or parts dealer shop.
If an accident took place because of a defective component or piece of equipment, the injured person could seek compensation for economic and noneconomic damages. Economic damages could include medical expenses both now and in the future, lost income and the loss of earning potential. Noneconomic damages include suffering and pain as well as traumatic brain injuries and emotional distress. In certain circumstances, punitive damages can be awarded to punish the defendant and prevent future mistakes.
Despite the best efforts of trucking companies and drivers equipment problems will always occur. When this happens, it is important to determine the liable parties to pursue compensation for your loss.
The skilled lawyers at Burch law firm can assist you if you've been involved in a collision with a truck. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will examine your case, find liable parties and fight to get the compensation you're entitled to. We can help you recover compensation for medical bills or lost wages from work and emotional and physical suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24/7 and seven days a semaine.
3. Improperly Loaded Cargo
The cargo that trucks carry on the road might seem easy enough, however there are strict guidelines that loaders and drivers must adhere to when stacking and securing their loads. If they don't follow these guidelines, it can lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the main causes of truck accidents.
The majority of these truck accidents are caused by cargo falling off the truck onto roads or other vehicles. This is especially risky because the cargo might create an obstruction or create a risk on the road, forcing other drivers to swerve or hit it. It could also fall onto people who are walking or riding a bike in the vicinity of a truck.
Based on the circumstances of the incident, there could be multiple parties to blame. A driver who was negligent while loading his or cargo could be held liable under the legal theory of respondeat superior. The trucking company that employed that driver may also be liable, as it is responsible for its employees' actions under the principle of vicarious accountability.
An experienced attorney for accidents involving trucks can use police reports and professional investigators to determine the root of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney can assist victims in determining the defendants they should make a claim for compensation against. A successful claim can result in a settlement or verdict that provides victims with the financial assistance they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as well as their drivers, have the responsibility of keeping their vehicles in good working order. If they don't, it could lead to serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow them to function properly. If this is not done, it can result in a dangerous, unsafe road.
The road and weather conditions can cause truck accidents too. Due to their size truck's size, they are more likely to crash in stormy weather and on wet roads. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of hours they are allowed to drive in a day. These rules are meant to protect the public. However truckers who ignore these rules to meet deadlines or to earn more cash from 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 confuse drivers about the lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.
When a truck accident happens due to poor road conditions the trucking company or government agency responsible for maintaining that road could be held accountable for the incident. The person who caused the dangerous conditions must be proven guilty of breaching its duty of care. This can include negligent hiring or maintenance of the vehicle, as well as drug testing. California law allows victims to seek damages for medical expenses or lost wages, pain and loss of quality life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along streets or in their yards. People who walk on foot are usually not protected from the size and weight of a truck and can suffer catastrophic or even fatal injuries from these types of crashes.
In these situations an attorney who is able to handle personal injury may seek compensation from the negligent party. In some cases, this may be as simple as suing the truck driver who ran through a red light, and then struck the pedestrian, but in other cases, it could be the trucking company who allowed the trucker to work longer shifts than is permitted by law, did not take care of the vehicle, or even conducted an background check which would have revealed the existence of a history of dangerous driving behavior.
Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. Although this type of incident is normal in any car accident, it may be more dangerous due to the fact that truck drivers are usually higher up in their cabs and have bigger blind areas that are hard to see.
A pedestrian injured in a car crash may receive compensation for medical expenses loss of earnings, discomfort and pain, as well as property damage. In some instances, where the plaintiff is found to be partly responsible for the crash because of their own actions, for example, not moving over to the left shoulder when a truck began to swerve, they can be awarded a lower amount of compensation. This is why it is essential to retain a knowledgeable and experienced personal injury lawyer to handle your case. Contact us today to begin.