10 Wrong Answers To Common Truck Accident Law Questions: Do You Know The Correct Answers?
Truck Accident Law
A lawyer for truck accidents who has expertise in the field has a thorough understanding of the laws that regulate truck drivers and trucking firms. They will conduct an investigation and discover evidence like maintenance records of the trucking company that may provide evidence for a negligence claim.
miami beach truck wreck lawyer can assist you in determining who is at fault for your incident and assist you in recovering your injuries.
1. Driver injured or fatigued
The easiest way to determine who is at fault in a collision between two vehicles, a truck and a car is to study the driver's behavior. A truck accident lawyer can look over video surveillance footage and witness testimony to determine which driver was responsible for the accident.
There are many places with surveillance cameras. This includes all intersections, interchanges, hotels gas stations, restaurants and hotels. This evidence can be used by a truck accident lawyer to identify a possible defendant, especially if the driver was distracted or unobservant at the time of the accident.
In truck accidents the driver may be fatigued or injured at the time of the accident. A thorough review of the driver's logs will reveal if they spent too long without sleeping or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and demand adequate rest breaks.
The trucking company can also be held liable for the negligent actions of their employees. A negligent hiring or training practice could have contributed to the accident, and so could policies that encourage drivers to drive for as long as is possible, which can result in a reduction in rest and sleep hours and increasing their chances of causing an accident.
If a hazardous road caused an accident, the government agency responsible for its maintenance can be held responsible. A truck accident lawyer who has experience will identify the person responsible and then a contractor for construction or maintenance who is experienced to investigate the cause of any unsafe conditions or other unsafe conditions, if applicable. An experienced attorney can identify multiple parties who may be responsible and seek compensation from every source.
2. Defective Equipment
Many truck accidents are the result of faulty equipment. This includes tires, brakes and cargo restraints. These equipments are designed to withstand a lot of use and must be properly assessed and maintained to avoid failure. If something goes wrong truckers may not be able to control their vehicle and this could lead to fatal or serious accidents. Defective truck parts and equipment can be the responsibility of a number of entities which include the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident occurred because of a defect in a component or piece of equipment, the injured party may seek damages for economic and noneconomic damages. Economic damages can include medical expenses at present and in the future, lost income and the loss of earning potential. Noneconomic damages include pain and discomfort and brain injuries that cause trauma and emotional distress. In some cases punitive damages might be available to punish the defendant in order to prevent similar negligence from happening in the future.
Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. When this happens, it's important to determine the liable parties so that you can pursue compensation for your losses.
If you've been injured in a truck accident the skilled attorneys at Burch Law Firm are able to assist. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will evaluate your case, identify liable parties and fight for the compensation you're entitled to. We can help you obtain compensation to pay medical bills as well as lost wages and physical or mental suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available to take your calls anytime and seven days a semaine.
3. Unloading Cargo Unsafely
The cargo that trucks carry on the roads may seem simple enough, but there are strict regulations that drivers and loaders must adhere to when stacking and secure their loads. If they don't follow these guidelines, it could cause serious issues. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most common causes of truck accidents.
The majority of these truck crashes result from cargo falling off the truck onto roads or other vehicles. This is particularly dangerous because the cargo might create an obstacle or cause a danger to the road, forcing motorists to swerve or smash into it. It could also fall on pedestrians who are cycling or walking in the vicinity of the truck.
Depending on the circumstances of the accident, there may be several parties at fault. If the driver was negligent when loading his or her cargo, for example this person could be held liable under the legal principle of respondeat superior. However the trucking company that employs that driver might be held accountable, too, because it is responsible for the actions of its employees based on the principle of vicarious liability.
An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco & Saile LLC can assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim can result in a settlement or a verdict that gives victims the financial aid they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies have a duty to keep their trucks in good condition, and when they fail to follow this, it can lead to serious accidents. To ensure that trucks work properly, mechanical parts are often inspected and replaced. If this isn't done, the result is a dangerous and unsafe roadway.
The cause of truck crashes is caused by dangerous weather and road conditions. Because of their size, trucks are more likely to crash in stormy conditions and on roads that are wet. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they can drive per day. These rules are meant to safeguard the public. However truckers disregard these rules to meet deadlines, or to get more money from employers, they put the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues include insufficient markings for lane, such as solid or broken lines that confuse the driver about which lane they are in, or merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck crash occurs due to poor road conditions, the trucking firm or government agency responsible to maintain the road may be held accountable. The person responsible for causing the dangerous conditions needs to be proven to have violated its duty of care. This could include negligent hiring or maintenance of vehicles, as well as drug testing. California law allows victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality life.
5. Pedestrian injuries
Truck accidents can be extremely dangerous for pedestrians who are walking along the streets or in their own backyards. Pedestrians are often not protected from the weight and size of a vehicle and can be severely injured or killed.
In these types of situations in these types of cases, a personal injury lawyer will pursue compensation from any party that was negligent. In some instances, this may be as simple as the truck driver who ran at a red light and hit the pedestrian, but in others, it could be the trucking company that allowed the trucker longer shifts than allowed by law, did not take care of the vehicle, or even conducted an investigation into the background of the driver which would have revealed the existence of a history of dangerous driving behavior.
Inattention or distraction are the most frequent causes of accidents involving trucks and pedestrians. While this type of accident is not uncommon in any car accident, it can be more dangerous due to the fact that truck drivers tend to be higher up in their cabs. They also have more blind spots that are hard to see.
When a pedestrian is injured in a collision with a truck the pedestrian may be awarded damages for medical expenses and loss of earnings, pain and suffering, as well as property damage. However, in some cases where the plaintiff is found to be partially accountable for the accident due to their own actions, for example, failing to move over to the left shoulder when a truck began to swerve, they could receive compensation that is reduced. It is essential to choose an injury lawyer who is experienced and knowledgeable to manage your case. Contact us today to begin.