Truck Accident Law
A competent lawyer for truck accidents has a deep understanding of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will conduct an investigation to find evidence, including maintenance records of a trucking company, that may provide evidence to support a claim of negligence.
north dakota truck accident lawsuit can identify the parties who are negligent in your case, and help you recover from your injuries.
1. Injured or fatigued Driver
If a vehicle carrying passengers collides with a truck, the most efficient way to determine liability is to examine the manner of driving and behavior. A truck accident lawyer can make use of surveillance footage and witness testimony to determine which driver who is at fault.
Many locations are equipped with surveillance cameras, including the majority of intersections and interchanges as in some hotels, gas stations, restaurants, and other businesses. A skilled truck accident lawyer can use this evidence in order to identify a potential defendant, particularly when the driver seemed unobservant or distracted during the time of the accident.
In truck accidents the driver may have been injured or fatigued at the time. A thorough analysis of the driver's track logs will reveal if they spent too long without rest or did not follow Motor Carrier Safety Regulations that restrict the amount of time truckers can be on the road and demand sufficient rest breaks.
The trucking company could be held accountable for reckless actions of their employees. A improper hiring or training procedure could have contributed to this accident, as can policies that encourage drivers to stay on the road for as long as they can while limiting their rest and sleep hours and thereby increasing the risk of an accident.
If a road with a danger factor resulted in an accident, the government agency that is responsible for maintaining it could be held responsible. A knowledgeable truck accident lawyer can identify the relevant agency and hire an experienced maintenance or construction contractor to investigate the cause of the dangerous condition in the event that it is applicable. An experienced attorney can pinpoint various parties who could be liable, and pursue compensation from every source.
2. Defective Equipment
Many truck accidents occur because of malfunctioning equipment. This includes tires, brakes and cargo restraints. These equipments are designed to withstand a lot of use and should be assessed, maintained, and repaired to avoid failure. If something goes wrong the driver may be unable to control their vehicle and this can lead to fatal or even fatal accidents. The trucking company, manufacturer, parts dealer, or repair shop may be held accountable for the defective truck parts and equipment.
If an accident occurs as a result of a malfunctioning piece of equipment or part that is damaged, the victim can seek damages for both economic and non-economic damages. Economic damages can include the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages could include discomfort and pain as well as brain injuries that are traumatic, and emotional anxiety. In certain circumstances punitive damages can be available to punish the defendant to prevent similar wrongful acts from occurring in the future.
Despite the best efforts of trucking companies and their drivers, some equipment problems are inevitable. If this happens, it is important to determine the liable parties in order to seek compensation for your losses.
If you have been involved in a truck accident The experienced lawyers at Burch Law Firm are able to help. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will review your case, identify liable parties and fight for the compensation you deserve. We can help you recover the compensation you deserve for medical bills as well as lost wages from work, as well as physical and emotional suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24 hours a day, seven days a week.
3. Improperly Loaded Cargo
Truck drivers and loaders must follow strict guidelines regarding stacking and securing cargo they transport on the roads. Any failure to comply with these guidelines could lead to serious issues. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the most common causes of truck accidents.
The majority of these truck accidents result from cargo falling from the vehicle onto roads or other vehicles. This can be extremely dangerous, as the cargo could create a risk or a problem on the road, and force drivers to turn around. It could also fall on people who are walking or riding a bicycle near the truck.
Depending on how the accident occurred, a number of parties could be at fault. If the driver was negligent when loading their cargo, for example it could be held liable under the legal theory of respondeat superior. The trucking company that employed that driver could also be held accountable in the sense that it is accountable for the actions of its employees in the spirit of vicarious responsibility.
In cases in which accidents occur due to inadequately secured or loaded cargo, a skilled truck accident lawyer will use professional investigators and police reports to determine what went wrong and who is at fault. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to bring a lawsuit against for compensation for their losses. A successful claim may result in a verdict or settlement that provides victims with the financial aid they need to cover the costs of.
4. Unsafe Road Conditions
Trucking companies, as as their drivers, have a responsibility to maintain their vehicles in good working order. In the absence of this, it can result in serious accidents. Trucks often have mechanical parts which need to be inspected and replaced in order for they to function properly. If this doesn't happen, the result is an unsafe and dangerous road.
The road and weather conditions can cause truck accidents too. Because of their dimensions, trucks are more likely to be involved in crashes when they travel in bad weather conditions or on roads with a lot of water. In addition truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These rules are designed to protect the public, but when truck drivers do not follow them to meet deadlines or to make 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 road markings, such solid or broken lines that confuse drivers on which lane they're in, and merging ramps that are too narrow for large vehicles to safely switch lanes.
If a truck crash occurs because of poor road conditions, the trucking firm or government agency responsible to maintain the road may be held accountable. It is crucial to prove that the person in question violated their duty of care in creating hazardous conditions, and this can include negligent hiring or maintaining the vehicle, or drug tests. California law allows victims to seek damages for medical expenses and lost wages, as well as suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians who are walking along the roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck, and may suffer catastrophic or fatal injuries.
In these kinds of cases, a personal injury attorney will seek compensation from the party who was negligent. In some instances, the negligent party may be the driver of the truck who ran a red signal and hit the pedestrian. However, in other cases it could be a trucking company that allowed the trucker to work longer than the law allowed, 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 kind of incident is not uncommon in any car accident, it can be more deadly due to the fact that truck drivers are usually higher in their cabs and have bigger blind spots that are hard to see.
When a pedestrian is injured in a collision with a truck the pedestrian may be awarded compensation for medical expenses as well as loss of earnings, suffering and property damage. In some cases, the plaintiff is found to be partially accountable for the incident because of their own actions (such as not transferring to the left side when the truck started to accelerate) the amount they receive will be reduced in proportion. It is important to hire an injury lawyer that is experienced and knowledgeable to take care of your case. Contact us now to begin.