Truck Accident Law
The process of determining liability for truck accidents is complex. Determining how much supervision the truck driver received from a company is crucial, for example, if it is an independent contractor.
The victims of accidents often have rights to compensation for financial losses. To determine these amounts, it's important to give your NYC truck accident lawyer with a detailed record of medical expenses and lost income.
Duty of care
All drivers, even those who drive trucks are expected to behave in a prudent and reasonable manner when driving. A truck driver who fails to meet their duty of care and causes an accident is liable for the damages incurred by the victim. Proving negligence in a collision is a tense process, and it involves establishing the duty of care, breach of that duty, causation, as well as damages. A truck collision attorney can assist in proving the negligent behavior of the party at fault in the court of law.
In the event of a truck crash the first step is to determine who was at fault. Truck drivers, as with all motorists, are under an obligation legally to be safe and adhere to traffic laws. However, truck drivers are held to an even higher standard of care due to the size and weight of their vehicles.
If a trucker chooses drive drunk or high, they are considered negligent. Truck drivers must also be aware of how their trucks are properly loaded and secured. If they don't, it could cause shifting cargo that can result in jackknifing or rollover accidents.
Truck drivers should also be mindful of the huge blind spots of their trucks. They must be vigilant in these areas and keep an eye out for cyclists, pedestrians and other vehicles. Distracted driving can also be a major issue, and truck drivers need to remain alert at all times. For instance, checking a phone while driving can cause them to miss critical information about traffic signals and other dangers on the road.
Sometimes, a trucking business or repair and maintenance companies cargo loaders, as well as manufacturers of components can also be held responsible for an accident. They are all required to follow safe hiring loading, maintenance, and loading practices that comply with federal regulations. Infractions to this rule could result in a serious accident.
When you file a lawsuit seeking compensation, that the party at fault owed you a legal duty of care. They did not fulfill this duty, and their breach caused your injury and accident. You will have to prove the extent of your injuries, which may include the loss of economic as well as other types.
If you have been injured in a truck accident, it is important to seek medical attention immediately and seek out a qualified truck accident attorney. In doing this, you can protect your right to be compensated fairly and justly for your injuries. Contact us to schedule an appointment. We can assist you in filing a successful claim for truck accidents and receive the compensation you deserve. All new clients are entitled to a free consultation that is free of charge and without obligation. We only charge a fee if you get your case settled or win it.
Negligence
In a truck accident, proving negligence is the primary element of any claim. Proving negligence requires establishing three common rules: the at-fault party owed you a duty; that duty was not met; and that breach directly caused your injury. A skilled attorney can assist you in proving these factors.
Every driver on the road is legally required to take reasonable care in order to avoid causing harm others. Truck drivers are also required to adhere to traffic laws and drive safely. Your lawyer may argue that the truck driver was owed a duty of care and breached that duty through negligence that led to your accident.
modesto truck accident attorney involving trucks often cause catastrophic injuries, and the victims of these accidents are required to pay massive medical expenses and other financial losses. In addition to these economic losses you may also be entitled to non-economic damages for your suffering, pain or inconvenience, as well as the loss of enjoyment. A truck accident lawyer with experience will help you claim compensation for these damages that are intangible.
A knowledgeable lawyer can assist you in building solid arguments by gathering evidence to prove your claims of negligence. This could include detailed photographs of the site of the crash as well as damage to the vehicles involved, as well as any skids that may have been spotted on the road. These photos must be taken as quickly as is possible to avoid them from deteriorating.
Your lawyer can also use the driving records of the truck driver and other relevant information to prove negligence. It is possible that the trucking company could be held accountable for your losses if it failed to supervise the driver of the truck and if the company knew of any previous infractions or substance abuse issues.
One of the most difficult elements of proving negligence in a truck crash case is showing that the negligent party at fault directly caused your injury and losses. Your lawyer can prove that the defendant's negligence caused your injuries.
At Nagle & Associates, Raleigh truck accident lawyer Carl Nagle has extensive experience in this field of law. He has previously worked as an attorney for defense as well as an insurance adjuster, and he brings this insider knowledge to the representation of his clients. Contact our office today to learn more about how he can help you receive the highest compensation for your injuries. We are available to discuss your case with you during a a free, no-obligation consultation. We represent injured clients throughout North Carolina. To set up a consultation contact us at 919-853-6555 or complete the online form on this site. We do not charge a fee unless we win your case. This is known as a contingency fee arrangement.
Recklessness
The truck driver is usually the one who controls the vehicle and it is therefore natural that they are at fault if they cause an accident. In some instances it's not as simple. Some truck drivers are known for being aggressive or reckless behind the wheel which can impact their risk of the cause of crashes.
Certain actions are deemed as irresponsible by most people, like driving under the influence of alcohol or racing. It is the responsibility of the judge or jury to decide whether or not these actions constitute negligence in any case. The defendant must also demonstrate an irresponsible disregard for the safety of other people to be deemed guilty. An attorney could assess the specific facts of your crash to determine if you be required to prove it in order to claim damages.
Even though some actions may be deemed reckless, it does not mean that anyone can get away with them in a court. A jury or judge will look at the circumstances surrounding an accident with a truck to determine whether the driver acted this way. It is essential to employ an experienced lawyer to represent you in the event of a collision with a truck.
The majority of truck accidents are caused by distracted driving, drug or alcohol use, as well as speeding. These types of behaviors require the truck driver's full attention to driving. If they fail to do this, it could be dangerous for passengers in other vehicles. A case that shows a trucker was engaged in these types of actions in the time preceding your collision could help establish their negligence.
While it is dangerous for other drivers, reckless driving could be detrimental to the driver's health and well-being. These kinds of actions can result in fatigue and crashes. If you suffer a serious injury because of a truck driver's reckless behavior, then you could be entitled to reimbursement for medical expenses as well as lost wages and property damage.
In the majority of cases, only the truck driver is held responsible for a collision with any vehicle that is a passenger. In a more severe case where several parties could be held accountable the truck manufacturer as well as the company who loaded the cargo and other companies may be held accountable for the accident.
If you have been injured in an accident with a truck due to the negligence of a third party, New Mexico and Texas laws provide compensation for your emotional, financial and physical injuries. The compensation usually comes in the form of monetary damages also known as compensatory damages. Your legal counsel can help you obtain economic and non-economic damages from your injuries. This includes past and future medical costs, loss of income and funeral and burial costs. In some rare cases, punitive damages may be awarded to punish the defendant for their illegal conduct and prevent them from engaging in similar behavior.
