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Truck Accident Law The process of determining responsibility for truck accidents is complex. For instance, if a truck driver is an independent contractor working for an organization, determining the degree of supervision exercized over the driver is crucial. Injured victims often have the right to receive compensation for financial losses. In order for your NYC truck accident attorney to calculate these damages you must provide detailed documentation of medical expenses in the past as well as future as well as lost income. Duty of care All drivers, including those who drive trucks are expected to behave in a prudent and reasonable manner when driving. A truck driver who breaches their duty of care and causes an accident is liable for the damage to the victim. The process of proving negligence in a truck collision is a complicated procedure that involves establishing the duty of care, breach of that duty, causation and damages. A truck collision lawyer will assist you in proving the reckless behavior of the responsible driver in the courtroom. In the event of a truck crash the first step is to determine who was at the fault. Truck drivers, like all motorists, are under an obligation legally to be safe and adhere to traffic laws. However, truck drivers are held to a more stringent standard of accountability due to the weight and size of their vehicles. If a trucker decides to drive drunk or high, they are considered negligent. Truck drivers should also take care to ensure that their trucks are loaded and secured. Failure to do this could cause a shift in cargo and cause jackknifing and rollover accidents. Truck drivers must be aware of the vast blind spots of their vehicles. They should check these areas frequently and always look out for cyclists, pedestrians and other vehicles. Distracted driving can also be a major issue, and truck drivers should stay alert at all times. For instance, checking a phone while driving may cause them to miss crucial information regarding traffic signals, or other hazards on the road. Sometimes, a trucking company or repair and maintenance companies, cargo loaders, or parts manufacturers can also be held accountable for a collision. They are all required to follow safe hiring loading, maintenance, and loading practices that comply with federal regulations. Infractions to this requirement can result in a crash that could result in serious injuries. When you file a lawsuit to seek compensation that the party responsible owed you a legal duty of care. They violated this obligation, and their failure caused your injury and accident. You must also demonstrate the extent of your losses that can include economic and non-economic damages. If you were injured in an accident involving a truck, you must seek medical attention and consult an experienced truck accident lawyer. By doing this, you are able to ensure that you be compensated fairly and justly for your injuries. Contact us to schedule a consultation. We can assist you with filing a successful truck accident claim and get the compensation you deserve. New clients are entitled to a complimentary consultation, without obligation. We only cost a fee if we succeed in your case or settle it. Negligence The most important element of any claim for damages in a truck accident case is proving negligence. Proving negligence requires establishing three common rules that the party at fault owed you a duty; the duty was not fulfilled; and the breach directly contributed to your injury. An experienced attorney can assist you in the proof of these elements. Each driver has a legal obligation to exercise reasonable care to prevent harm to others. Truck drivers are also required to follow traffic laws and drive safely. Your lawyer could argue that the driver of the truck in your case owed you this obligation and violated it by taking careless actions that caused your accident. Accidents with trucks can cause catastrophic injuries. The victims of these accidents are often faced with paying for huge medical bills as well as other financial losses. In addition to these financial damages there is also the possibility that you are entitled to non-economic damages for your pain, suffering, inconvenience and loss of enjoyment. A truck accident lawyer with experience can help you recover compensation for these damages that are intangible. An experienced lawyer can help you build up solid arguments by gathering evidence to back up your claims of negligence. These could include photographs of the scene of the crash including the damages to all vehicles involved as well as any skid marks left on the roadway. It is crucial to get these photographs within the shortest time possible following the incident to ensure they don't degrade. Other evidence sources that your lawyer could use to show negligence in your case are the driver's driving record of the truck and any other relevant information. The trucking company may also be liable for negligence if they did not supervise the driver, or if they were aware of any previous violations. One of the most difficult elements of proving negligence in a truck accident case is showing that the at-fault party's negligence caused your injury and losses. Your lawyer can assist you to prove that this was indeed the case by proving that your injuries would not have occurred if not due to the negligence of the defendant. At Nagle & Associates, Raleigh truck accident attorney Carl Nagle has extensive experience in this field of law. He has worked before as an attorney for defense as well as an insurance adjuster. He utilizes this experience in the representation of his clients. Contact us today to find out more about his abilities to help you obtain the maximum compensation for your injuries. We're happy to discuss your case in free, no-obligation consultation. We represent injured clients throughout North Carolina. Call us at 919-853-6555 or fill out the online form to schedule a consultation. We don't charge any fees unless we prevail in your case. This is referred to as a contingency fee arrangement. Recklessness It's logical that the truck driver, who is typically in charge of driving the truck, could be the one to blame in an accident. However, in a few instances it's not as simple as that. lauderhill truck accident attorney have a reputation as reckless or aggressive at the wheel and this could affect their risk of injuring someone else in an accident. There are certain types of actions that are considered to be reckless generally, like driving under the influence, or racing. It is up to the jury or judge to decide if these actions constitute negligence in any situation. Additionally, a person must exhibit a reckless disregard for the safety of others to be found guilty of this type of behavior. An attorney can evaluate the specific facts of the accident to determine if you need to prove it in order to get compensation. Although some actions could be deemed reckless, it doesn't mean anyone will get away with them in court. A judge or jury may examine the circumstances surrounding the accident of a truck and determine whether the driver was acting in this way. This is why it's important to hire a skilled attorney to represent your case following an accident with a truck. Distracted driving, drunken and drug usage, and speeding are a few of the most frequent causes for truck accidents. These types of behaviors require the truck driver's full attention to driving. If they fail to do so, it can be a risk for passengers in other vehicles. A case that shows a trucker was involved in these kinds of behavior in the period prior to the collision could be a way to prove their culpability. Alongside being hazardous for other motorists on the road reckless driving is also risky for the driver's health and well-being. This is because these types of conducts can result in fatigue and cause crashes. If you sustain an injury caused by a truck driver's reckless behaviour, you may be entitled to compensation for medical expenses as well as lost wages and property damage. In the majority of cases, only the driver of the truck is accountable for a collision involving any vehicle that is a passenger. In a more serious situation in which multiple parties are held liable, the truck manufacturer, company who loaded the cargo, and other companies could be held responsible for the incident. If you've suffered injuries in a collision with a vehicle due to the negligence of another party, New Mexico and Texas law allow you to claim compensation for your physical, emotional and financial losses. This is typically in the form of monetary damages referred to as compensatory damages. Your legal team can help you to recover non-economic and economic damages resulting from your injuries. This includes the future and past medical costs as well as loss of income, funeral and burial expenses. In rare instances there are cases where punitive damages might be awarded to penalize the defendant for their wrongful behavior and to deter them from engaging in similar behavior.