Truck Accident Law
A skilled lawyer for truck accidents has in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will look into evidence, such as maintenance records of a trucking company which may be evidence to be used to prove negligence.
waterloo truck accident lawyer can identify the parties who are negligent in your case and assist you in recovering from your injuries.
1. Injured or fatigued Driver
When a vehicle driven by a person collides with a truck, the most straightforward method of determining the extent of liability is to review the manner of driving and behavior. An attorney for truck accidents can make use of surveillance footage and witness testimony to determine which driver responsible.
Many locations are equipped with surveillance cameras, such as most intersections and interchanges as well like some hotels, gas stations restaurants, and other businesses. This evidence can be used by a truck crash lawyer to identify a possible defendant, especially if the driver was distracted or unobservant at the moment of the accident.
In the event of a truck crash, it is also possible that the driver was fatigued or even injured during the time of the accident. The road logs of the drivers will show if they slept too little or did not follow the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road.
The trucking firm could be held responsible for the negligence of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep times and putting them at risk for accidents could have also contributed.
Government agencies that are responsible for maintaining roads may also be liable if a hazardous roadway caused the accident. A truck accident lawyer who has experience can determine the agency responsible and engage a contractor for construction or maintenance with experience to investigate the root cause of any hazardous conditions, if applicable. An experienced attorney can identify the multiple parties that could be accountable and seek out compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by malfunctioning equipment, including brakes, tires, coupling systems and cargo restraints. These items were designed to withstand a lot of wear and tear and should be maintained and repaired to prevent failure. If something goes wrong it could render a truck driver unable to control the vehicle and could cause fatal or serious collisions. Incorrect truck parts and equipment may be the responsibility of a variety of entities that include the trucking firm and the manufacturer as well as the repair or parts dealer shop.
If an accident occurs because of a malfunctioning piece of equipment or a part that is damaged, the victim can seek damages for both economic and non-economic losses. Economic damages could include medical expenses now and in the future, lost income and loss of earning potential. Noneconomic damages include pain and suffering as well as traumatic brain injuries, and emotional distress. In certain circumstances punitive damages can be available to punish the defendant in order to prevent similar wrongful acts from happening again in the future.
Despite the best efforts of trucking companies and drivers equipment malfunctions are a given. It is important to identify the responsible parties in order to seek compensation for the losses.
If you've been in a truck crash and need help from an experienced attorney at the Burch Law firm can assist. Contact us today to schedule a free consultation. Our lawyers will analyze your case, identify liable parties, and fight to secure the compensation that you deserve. We can assist you in recovering the compensation you deserve for medical bills as well as lost wages from work, and physical and emotional pain. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours per day seven days a week to answer your phone.
3. Improperly Loaded Cargo
The cargo trucks carry on the road may appear easy enough, however there are strict guidelines that loaders and drivers must adhere to when stacking and secure their loads. Failure to adhere to these guidelines could result in serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the main causes of truck accidents.
Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the road. This is particularly dangerous due to the fact that the cargo may create an obstacle or cause a danger to the road, causing drivers to turn around or smash into it. It can also fall onto people who are walking or riding a bicycle within the vicinity of the truck.
Depending on how the accident occurred, multiple parties may be at fault. A driver who was negligent while loading his cargo may be held accountable under the legal theory respondeat superior. However, the trucking company that employs the driver could be also liable because it is responsible for the actions of its employees under the principle of vicarious liability.
In cases where an accident was caused by improperly loaded or secured cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco and SAIL LLC attorney can assist victims in determining which defendants to pursue a claim for compensation against. A successful claim could result in a settlement or verdict that can provide victims with the financial assistance they require to recover.
4. Road conditions that are unsafe
Trucking companies, as their drivers, share the obligation of keeping their trucks in a good working condition. In the absence of this, it could result in serious accidents. There are many mechanical parts in trucks that require to be examined and replaced in order for them to function correctly. When this doesn't happen it can result in dangerous and unsafe roads.
Accidents involving trucks can also be caused by weather conditions or road conditions. Due to 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. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration rules about the amount of time they can drive per day. These rules are designed to protect the public, but if truck drivers fail to follow them in order to meet deadlines, or to earn more money from their employers, it puts the public at risk.
Potholes and uneven surfaces could cause skidding. Other problems can include inadequate road markings, such solid or broken lines that confuse drivers regarding which lane they're in, or merging ramps that are too narrow for large vehicles to safely change lanes.
If a truck crash occurs due to road conditions that are poor, the trucking firm or government agency accountable to maintain the road could be held accountable. It is necessary to prove that the party in question breached their duty of care in creating dangerous conditions. This may include negligent hiring or maintaining the vehicle, and drug tests. Under California law, the victims may get compensation for medical expenses, lost income, suffering and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along streets or in their own yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and can suffer fatal or catastrophic injuries.
In these cases in these types of cases, a personal injury lawyer will seek compensation from the party that was negligent. In some instances it could 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 to work longer shifts than allowed by law, or failed to conduct proper maintenance on the vehicle, or conducted a background check that would have revealed the existence of a history of dangerous driving habits.
Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. While this type of incident is normal in any car accident, it could be more dangerous due to the fact that truck drivers are usually higher up in their cabs and have more blind areas that are difficult to discern.
If a pedestrian gets injured in a crash involving a truck, they can be awarded damages for medical expenses and loss of earnings, suffering and property damage. However, there are cases where the plaintiff is found to be partially at fault for the crash due to their own actions, for example, not moving over to the left shoulder when a truck began to swerve, they could have their compensation reduced accordingly. This is why it is crucial that you retain an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us now to begin.