Why You Need a Tractor Trailer Accident Lawyer
Having a tractor trailer accident lawyer will help you receive compensation for injuries and property damage, as well as compensation for loss of income and loss of future earning. When a tractor trailer accident happens, there are several factors that come into play, including the driver’s fatigue, improperly loaded freight, and more. A good tractor trailer accident lawyer will help you find out which of these factors are most likely to be responsible for the accident and how to proceed.
Fatigue
Whether you are in a passenger car or truck, you can be injured by an overtired driver. This is why it is important to contact a truck accident attorney. If you’ve been involved in an accident, you may be eligible for a personal injury claim to cover your medical costs, lost wages, and pain and suffering.
The Federal Motor Carrier Safety Administration (FMCSA) enforces rules that prohibit driving when fatigued. These rules require truck drivers to get ten consecutive hours off the road before resuming duty.
Fatigue is a problem for any driver, but truckers are particularly prone to it. Studies have found that fatigue is involved in 40 percent of crashes. Unlike drunk driving, which is usually caused by driving while intoxicated, fatigue can happen to any driver at any time. It can impair a driver’s cognitive abilities, such as reaction time, information processing, and vigilance.
Fatigue can be a major cause of truck accidents, especially those involving large trucks. It is estimated that fatigue is a factor in up to 25 percent of the insurance losses in the trucking industry.
A large part of a trucking accident lawyer’s job is to establish that a driver was fatigued. This is a complex process that requires a thorough analysis of evidence. It may also require the hiring of accident reconstructionists.
A trucker’s logbook may be a key piece of evidence. The trucker’s logbook will show how many hours the trucker was on duty and when. It may also reveal whether the trucker’s hours were in violation of HOS rules.
Other evidence may include witness statements and data from a truck’s onboard recorder or black box. Data from these devices can reveal how a driver was driving before the accident. The truck’s electronic data recorder may also reveal signs of driver fatigue.
Fatigue can be a serious problem for truckers, and it is important for trucking companies to be proactive in addressing this issue. If you or a loved one has been injured in an accident involving a fatigued driver, contact a truck accident lawyer today.
Improperly loaded freight
Having an improperly loaded freight or tractor trailer accident can cause injuries, damage, and even death. The trucking industry has specific regulations in place to keep cargo from falling off of trucks. In addition to these regulations, truck drivers are required to regularly inspect their cargo. This inspection should occur after the first 50 miles of a trip and again at intervals of three hours.
If you or a loved one has been injured in a truck accident, you may be able to recover damages. These damages can include medical expenses, lost income, and property damage. In some cases, a victim may be able to file a lawsuit against the party responsible for loading the truck.
In order to recover damages, the victim must prove that the other driver or party breached their duty of care. They must also be able to link their injuries to the accident. This requires the truck accident lawyer to collect information and evidence to establish that the driver or the party responsible for loading the truck was culpable.
An improperly loaded truck can cause severe injuries to occupants of smaller vehicles. These injuries can range from traumatic brain injury to amputation.
The Federal Motor Carrier Safety Administration has developed research-based rules for commercial truck loading. These rules are designed to keep cargo from falling off of the truck or striking other vehicles. In addition, these rules prevent cargo from shifting and scattering debris on the road.
These rules also help prevent truck drivers from improperly loading trailers. If a trailer is loaded incorrectly, it can result in jackknife accidents, rollovers, and crush accidents. Similarly, improperly secured cargo can cause spills and secondary accidents.
In addition to causing injuries, improperly loaded cargo can also cause damage to the truck and road. Improperly loaded loads can be nearly impossible to unload. These loads may also have no cargo restraining devices. The driver may also neglect to inspect the load at regular intervals. In these cases, the truck accident lawyer can determine the driver’s negligence and file a claim against the at-fault party’s insurance company.
Sources of liability
Identifying the source of a trucking accident is often the first step to determining liability. Aside from the driver, the company that owns the trailer, and the cargo itself, there are a number of parties that can be held liable.
First, the trucking company itself can be held liable for a crash caused by negligent maintenance. Aside from a faulty or defective brake system, a mechanical failure may be the culprit. The company might also be at fault for failing to properly secure cargo in accordance with the FMCSA’s load safety regulations.
The trucking industry is governed by the Federal Motor Carrier Safety Administration, which is responsible for regulating commercial motor carriers. In New York, a particular state law will also hold a company liable for the most egregious of these accidents. Often, the company owes a duty of care to the public and should be held accountable for the cost of injuries and damages caused in a crash.
The legal establishment can also be held liable for other nefarious acts that may have contributed to the crash. This includes the failure of a weigh station operator to notice other safety violations, such as excessive cargo. Similarly, a shipping depot employee may be tasked with securing cargo in accordance with the FMCSA’s regulations.
It’s not uncommon for a trucking company to generate a number of internal accident reports in addition to an accident report from a law enforcement officer. Those reports are a good source of evidence in determining which parties are at fault for a crash. This is where a Bronx truck accident attorney comes into play. The lawyer will need to know who to blame and when to hold a responsible party accountable. Often, the driver of a tractor trailer will be an employee of the company itself. If you or a loved one has been involved in a trucking accident, don’t hesitate to contact a Bronx truck accident lawyer. The right lawyer can ensure that the law holds you and your family accountable for the damages you suffered.
Cost of recovering from losses
Getting the full amount of compensation after a tractor trailer accident can be a complicated process. A personal injury lawyer will help you to determine what you are owed. You may be able to recover compensation for medical expenses, lost wages, and other non-financial damages. Getting compensation may help you to reduce your financial stress.
A personal injury lawyer will work with the insurance company to determine what the insurance company will cover. If you are injured, you may be eligible to receive compensation for lost wages, future lost wages, and lost benefits. You can also seek compensation for your pain and suffering and for any other non-financial costs associated with the accident. Depending on the circumstances, you may be able to receive punitive damages.
Punitive damages are only available in certain situations, such as if the at-fault party’s actions were intentional or grossly negligent. In order to receive these damages, you must prove that the accident was caused by a conscious decision or extreme mistake.
There are many motorists who rely on city streets and highways to get around. Truck accidents can result in severe injuries to passengers in nearby passenger vehicles. These injuries may require extensive medical care and may affect all aspects of your life. If you have suffered serious injuries in a tractor trailer accident, you are entitled to compensation. It is best to hire a personal injury attorney as soon as possible after an accident.
A personal injury lawyer will prepare your case for trial. You may be able to receive compensation for your pain and suffering, medical expenses, lost wages, and other non-financial costs. You may also be able to receive compensation for any future care you will need. If you are injured in a truck accident, you should contact a personal injury lawyer as soon as possible. The sooner you do, the sooner you can get the compensation you need.
If you are injured in a truck accident, contact O’Connor & Partners, PLLC today. Our attorneys have over 150 years of combined experience and have recovered millions of dollars for our clients.
