A competent lawyer for delano truck accident lawsuit accidents has a deep understanding of the trucking industry, including the specific laws that govern silsbee truck accident drivers and trucking companies. They will investigate and uncover evidence, such as maintenance records of the trucking company that could provide evidence for a negligence claim.
A NYC truck accident attorney can determine the negligent parties in your case and assist you in recovering from your injuries.
1. Driver injured or fatigued
The most effective method of determining who is at fault in a collision between two vehicles, a truck and a vehicle is to scrutinize the behavior of the driver. An attorney for truck accidents can use surveillance footage and witness testimony to determine the driver responsible.
A lot of places have surveillance cameras. This includes most intersections hotels, interchanges, gas stations and restaurants. A skilled truck accident lawyer can make use of this evidence to identify the potential defendant, particularly if the driver seemed inattentive or distracted at the time of the accident.
In cases of truck accidents it is also possible that the driver was fatigued or even injured during the time of the crash. A thorough examination of the driver's road logs will reveal if they spent too long without sleeping or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and require adequate rest breaks.
The trucking company could also be held responsible for the reckless actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep hours and increasing their risk of accident, may also have contributed.
If a hazardous road caused an accident the government agency responsible for maintaining it can be held accountable. A truck accident lawyer who has experience can determine the agency responsible and then an expert in construction or maintenance who has experience to determine the root cause of any hazardous conditions in the event of a case. A knowledgeable attorney can also identify the multiple parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are the result of faulty equipment. This includes tires, brakes and cargo restraints. These equipments are designed to stand up to the rigors of use, and must be checked, maintained, and repaired to prevent failure. When something goes wrong, it could leave a truck driver unable to control the vehicle and can cause fatal or serious collisions. The trucking company, manufacturer, parts dealer, or repair shop can all be held accountable for malfunctioning truck parts and equipment.
If an accident occurs because of a malfunctioning piece of equipment or component the injured party may seek compensation for both financial and non-economic damages. Economic damages can include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages may include pain and discomfort and brain injuries that cause trauma and emotional anxiety. In certain circumstances, punitive damages may be given to penalize the defendant and prevent future negligence.
Despite the best efforts of trucking companies and their drivers problems are inevitable. When this happens, it is crucial to identify the responsible parties in order to claim compensation for your loss.
The highly experienced lawyers at Burch law firm can assist you if you have been in a truck accident. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will review the case, identify responsible parties and fight for the compensation you deserve. We can assist you in obtaining compensation for medical expenses or lost wages, as well as physical or mental suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls all day, seven days a week.
3. Unloading Cargo Unsafely
Truck drivers and loaders must adhere to strict regulations regarding stacking and secure the cargo they transport on the roads. Any failure to comply with these guidelines can lead to serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is among the leading causes of sanger truck accident accidents.
A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or the road. This is especially risky because the cargo might create an obstacle or create a danger on the road, forcing drivers to turn around or crash into it. It could also fall on pedestrians who are cycling or walking in the vicinity of the truck.
Depending on the way in which the accident occurred, a number of parties could be responsible. If a driver was negligent in loading their cargo, for instance this person could be held accountable under the legal principle of respondeat superior. However, the trucking company that employs the driver could be liable as well, since it is accountable for the actions of its employees under the principle of vicarious liability.
In the event that accidents occur due to improperly loaded or secured cargo, an experienced truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who was at fault. A Cordisco and SAIL LLC lawyer can help victims determine which defendants to file a claim for compensation against. A successful claim may result in a settlement or a verdict which gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Companies that operate trucks, as well as their drivers, have the obligation of keeping their vehicles in good working order. Failure to do so could lead to serious accidents. To ensure that the trucks are operating properly, mechanical parts are often inspected and replaced. If this isn't the case, the result is an unsafe and hazardous road.
Accidents involving trucks can also be caused by weather conditions or road conditions. Because of their dimensions, trucks are more likely to be involved in a crash if they travel in bad weather or on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of time they are permitted to drive each day. These rules are intended to protect the public. However truckers who ignore them to meet deadlines or to get more money from employers, they place the public at risk.
Unsafe road conditions may include slick roads that hinder tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues include poor lane markings like broken or solid lane lines that cause confusion for drivers about what lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.
If a truck accident occurs due to poor road conditions, the trucking firm or government agency that is responsible for maintaining the road may be held liable for the occurrence. The party who created the unsafe conditions has to be proven guilty of breaching its duty of care. This could include negligent hiring or maintenance of vehicles, as well as drug testing. Under California law, victims can claim compensation for medical expenses 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 pedestrians aren't always protected from the weight and size of a hutchinson truck accident lawsuit and could suffer fatal or catastrophic injuries.
In these situations, an attorney for personal injury will seek to recover compensation from the person who caused the injury. In some cases it could be as simple as the truck driver if they ran an intersection and struck the pedestrian, however in others it could be the trucking firm that allowed the trucker to work longer hours than permitted by law, or failed to take care of the vehicle, or conducted an investigation into the background of the driver which would have revealed the existence of a history of dangerous driving habits.
Accidents involving pedestrians and trucks tend to be caused by the driver's inattentiveness or distraction. This type of accident happens frequently in car accidents, but it could be fatal for truck drivers since they are higher up and have larger blind zones which are difficult to spot.
A pedestrian who is injured in a collision with a truck may be awarded compensation for medical expenses as well as lost earnings, pain and discomfort, and Sanger Truck Accident property damage. However, in some cases where the plaintiff is found to be partly at fault for the crash due to their own actions, such as not moving over to the left shoulder when a truck began to swerve or avert, they may be awarded a lower amount of compensation. It is important to select an attorney for personal injuries that is experienced and knowledgeable to manage your case. Contact us today to get started.
