Semi Truck Accident Law
A severe injury sustained in an accident with a semi-truck can leave an individual with medical bills. It can also cause permanent disabilities that require expensive equipment and long-term therapy.
After a collision is essential to retain an experienced New York truck accident attorney at your side. A lawyer with experience can help prove your case by using evidence like police reports and surveillance camera footage and much more.
Poorly maintained vehicles
Owner-operators and trucking companies often do not take the necessary steps to ensure that their vehicles are in good repair. This leads to a large percentage of preventable crashes every year.
Semis and tractor trailers require more frequent maintenance than cars for passengers because of their larger dimensions and larger weight. However the pressure of meeting deadlines and maximising profits often takes precedence over maintaining the fleet. As a result, trucks can become prone to mechanical breakdowns that can lead to devastating accidents.
The brakes on trucks must be able stop and slow down the vehicle at a moments notice. When a truck's brake pads, lines, or return springs fail they could cause serious collisions and fatal injuries. It is vital that these components are regularly checked and replaced as necessary to ensure they are in good working order.
Tires that are not properly maintained may contribute to truck accidents. Tires that have worn out could lose traction, causing the truck to roll over or skid. Tires that are defective, whether it's due to improper air pressure or tread design, can fail catastrophically.
In addition to regular maintenance, trucks also require regular inspections in order to spot mechanical issues before they can cause an accident. If an inspection is performed incorrectly or the repair shop does not follow the manufacturer's guidelines this could result in an accident. In these situations, the company that hired or oversees the maintenance or repair shop could be held responsible.
Another reason for truck accidents is malfunctioning lights, signals and reflectors. These components must function properly so that drivers can see and anticipate the speed of the truck particularly when driving in rural areas or at night. Drivers or trucking companies may not maintain and inspect these components, or they may not be able to conduct daily safety inspections.
A reliable Houston truck accident lawyer will investigate your case to determine who is accountable for your damages if you were injured in an accident caused by a faulty maintenance of a commercial truck. The investigation can uncover evidence that proves the defendant's negligence in the crash and help you get the compensation you're entitled to.
Distracted Drivers
There aren't many things that can be as devastating as an accident involving a commercial truck. These massive vehicles can weigh up 25-times more than your car and cause a lot more injuries in an accident. While many factors cause accidents and injuries, distracted driving is one of the most common and risky. A distracted truck driver can lose control of the vehicle or miss an opportunity to avoid a road accident that could result in serious and life-altering injuries.
Truck drivers must follow strict rules and regulations that have been formulated by the Federal Motor Carrier Safety Administration. This includes a ban on texting or using cell phones while driving. Even when truckers adhere to the rules, they can still be distracted, causing an accident. This could be due to accidental distractions, such as turning your back on the steering wheel or mental distractions such as thinking about something other than driving.
While most people understand that it is risky to text and drive, very few are aware that other activities such as eating or changing the radio station or conversing with a passenger can also be deemed to be distracting. When a trucker gets distracted, it is possible that he will drift into a different direction and not notice the traffic jam in front of him. It only takes a split second for a big truck to crash into a vehicle if the trucker's mind wanders.
When a truck collision is caused by distracted driving it is crucial to take photographs of the scene of the accident and gather the name and contact information of witnesses. It is also beneficial to know the name of the truck driver and the company they work for, aswell as who owns the truck if it's an independent contractor. This will affect who is liable for your accident as the trucking company is responsible for hiring competent and skilled truck drivers. If the trucking company is found partially responsible for your accident, it could be held accountable to you for financial as well as non-economic losses.
Rear-End Collisions
Rear-end collisions between trucks are common and can cause serious injuries. They can happen in a variety settings, such as at the stop or red light sign, when the trucker fails to check their surroundings for any traffic that is coming up. It could also happen when a car cuts across the truck's path, causing the driver of the truck to brake suddenly without warning. The trucker could then crash into the car from behind.
It can be difficult to prove the fault of a driver in rear-end collisions as it isn't always evident which vehicle was responsible. However, a skilled lawyer can assist in gathering evidence to show that the driver at the rear was responsible for the crash because they followed too closely or distracted driving. This can include evidence like photos, police reports, eyewitness testimony and skid marks in the road.
The driver in the front of the car could also be liable for the collision. This can happen when they cut off someone else or fail to obey their turn signal as any reasonable person would, or slam on the brakes in the last second and cause the driver in the back to slam into the car directly in the front. In this scenario modified comparative negligence laws may be used. The jury will determine a percentage of the blame to each party. Damages will be reduced accordingly.
Bruises and Lacerations
In a rear-end crash the rear-end of the car is the area that receives the most force. This means that the people in the car are at risk of serious injuries if hit their heads against the dashboard or the back window. The force of the crash can cause broken bones when the occupants are thrown about the vehicle's interior. Spinal injuries can be extremely severe. The spinal cord is home to many nerves that regulate the body, and any injury to the spinal cord could cause significant and permanent issues for those affected.
A victim of a serious accident may also experience psychological and emotional trauma. They may have trouble getting enough sleep or concentrating, which may cause anxiety and depression. If they are unable work due to the severity of their injury, this can add stress and financial hardship. An attorney can research the possible sources of liability and help the victim seek an appropriate amount of compensation for their loss.
Problematic Trailer Hitches
All vehicles, whether they are a car or a truck, van flatbed, van should be securely connected to their trailers. Unintentionally removing a trailer's hitch can result in catastrophic accidents that lead to severe injuries or even death. If you've suffered injuries in a vehicle accident caused by a runaway truck get in touch with an experienced lawyer who is skilled in cases involving the failure of a hitch to discuss your legal options.
The reason for a malfunctioning trailer hitch is many things, ranging from improper securing or defective design. It could be caused by an error on the part of the manufacturer, in which case, product liability laws could apply. The company or the person responsible for a trailer that is defective is liable for the victim's medical expenses, auto repair costs and other losses that result from the incident.
In a fatal crash that occurred on a road in Ohio known as "Devil's Backbone" in January 2014, the trailer slid off of the truck. It crashed into two cars that were directly behind it. Initial investigations linked the incident to the truck driver’s negligence for not inspecting and secure hitch. In June 2015 however, the National Highway Traffic Safety Administration began to investigate the possibility that a flaw in the hitch that was an Ultra LT manufactured Fontaine Fifth Wheel in Trussville, Alabama, was the cause of the crash.
As a result of the malfunctioning hitch, the trailer struck the sides of the vehicles, before colliding into them head-on. The result was multiple fatalities and serious injuries to the drivers.
The driver of the truck that was involved in the accident was found guilty of vehicular manslaughter. However aurora semi truck accident attorney say that he could have avoided the collision with other vehicles had he performed a thorough visual inspection of his trailer and made sure that all connections were in good order. The failure of a trailer's hitches can result in serious accidents, since they typically involve a lot of speed and may wipe smaller cars or motorcycles. In these instances, the trailer can distort the frame of a vehicle and force sharp metal pieces to impale passengers inside.