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Truck Accident Law A lawyer for truck accidents who has experience in the field has a thorough understanding of the laws that regulate truck drivers and trucking firms. They will conduct an investigation and discover evidence like maintenance records of the trucking company that could prove negligence. A NYC truck accident lawyer can assist you in determining who's the fault in your situation and assist you in recovering your injuries. 1. Driver injured or fatigued If a car that is a passenger collides with a truck, the most straightforward method to determine the liability is to examine the conduct of the driver and his manner. A truck accident lawyer can look over video surveillance footage and witness testimony to determine the driver who was responsible for the accident. Many locations have surveillance cameras. This includes many intersections hotels, interchanges gas stations, restaurants, and hotels. A skilled truck accident lawyer can use this evidence in order to identify a potential defendant, particularly when the driver was unobservant or distracted at the time of the crash. In truck accidents the driver could have been fatigued or injured at the time. warren truck accident lawyer of the driver's track logs will reveal if they slept too long without sleep or did not follow Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and demand sufficient rest breaks. The trucking company can also be held liable for the negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their sleep and rest times and putting them at risk for accidents may have contributed. If a road that is dangerous contributed to an accident, the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who has experience will identify the person responsible and then a contractor for construction or maintenance who is experienced to investigate the root cause of any hazardous conditions and, if necessary, to determine the cause. An experienced attorney can pinpoint several parties that could be responsible and seek compensation from every source. 2. Defective Equipment Many truck accidents occur because of defective equipment. This includes tires, brakes and cargo restraints. These equipments are designed to withstand rigorous use and should be inspected, maintained, and repaired to prevent failure. If something goes wrong, the trucker might not be able to control their vehicle, and this could lead to fatal or even fatal accidents. The trucking company, manufacturer of parts, the parts dealer, or repair shop can all be responsible for defective truck parts and equipment. If an accident happens because of a malfunctioning piece of equipment or part the person who was injured can seek compensation for both financial as well as non-economic losses. Economic damages include medical expenses now and in the future, loss of income and the loss of earning potential. Noneconomic damages include pain and discomfort as well as brain injuries that are traumatic, and emotional distress. In certain instances punitive damages can be available to punish the defendant to stop similar mistakes from occurring again. Despite the best efforts by trucking companies and drivers equipment malfunctions are inevitable. It is crucial to identify the responsible parties to pursue compensation for your loss. If you have been involved in a truck collision and need help from an experienced attorney at the Burch Law Firm can help. Contact us today to set up a free consultation. Our lawyers will analyze the case, find responsible parties, and fight to get the compensation you deserve. We can help you recover the amount you need to pay for medical bills loss of wages, physical or emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a day all week long to take your call. 3. Unloading Cargo Improperly Drivers and loaders of trucks must adhere to strict regulations in stacking and securing cargo they transport on the roads. Infractions to these rules could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the leading causes of truck accidents. The majority of these truck accidents are caused by cargo falling from the vehicle onto roads or other vehicles. This can be extremely dangerous because the cargo could cause a danger or an obstacle on the road, and force drivers to turn around. It may also fall onto people who are walking or riding bicycles in the vicinity of trucks. Based on the manner in which the incident occurred, a number of parties could be at fault. A driver who was negligent while loading his or cargo could be held responsible under the legal theory respondeat superior. However the trucking company that employs that driver might be equally liable, since it is accountable for the actions of its employees according to the principle of vicarious liability. In instances where an accident happened because of inadequately secured or loaded cargo, an experienced truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who was responsible. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to make a claim against to seek compensation for their losses. A successful claim could result in a settlement or verdict that can provide victims with the financial assistance they require to recuperate. 4. Road conditions that are unsafe Trucking companies, as well as their drivers, have the obligation of keeping their vehicles in good working order. Failure to do so could lead to serious accidents. Trucks often have mechanical parts that need to be checked and replaced in order for them to function correctly. If this isn't done, it could cause a dangerous and unsafe road. The conditions of the road and weather can cause truck accidents too. Due to their massive dimensions, trucks are more likely to be involved in crashes when they drive in adverse weather or on wet roads. 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 intended to protect the public, but when truck drivers don't follow them in order in order to meet deadlines, or to get more money from their employers, they put the public in danger. Unsafe road conditions could include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues include poor lane markings like broken or solid lane lines that confuse drivers about which lane they're in, and merging lane ramps that are too small for large vehicles to safely switch lanes. If a truck accident occurs due to poor road conditions the trucking company or the government agency that is responsible to maintain that road could be held responsible. It is necessary to prove that the person who caused the accident violated their duty of care by causing dangerous conditions. This can include negligent hiring or maintenance of the vehicle, and drug testing. California law permits victims to claim damages for medical bills, lost wages, suffering and loss of quality of life. 5. Injuries to Pedestrians Truck accidents pose a risk to pedestrians who are walking along the roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and could suffer fatal or catastrophic injuries. In these types of cases an attorney for personal injury will seek compensation from any party who was negligent. In some cases, this may be as simple as suing the truck driver if they ran at a red light and hit the pedestrian, but in other instances it could be the trucking company that allowed the trucker longer hours than permitted by law, failed to conduct proper maintenance on the vehicle, or conducted a background check that would have found the history of unsafe driving habits. Accidents involving pedestrians and trucks are most often caused by drivers' inattention or distraction. This type of accident happens frequently in car accidents, but it can be deadly for truck drivers since they are higher in the air and have more blind zones which are difficult to perceive. A pedestrian injured in a crash with a truck can receive compensation for medical costs as well as lost earnings, discomfort and pain, and property damage. However, there are cases where the plaintiff is found to be partially responsible for the crash because of their own actions, such as not moving over to the left shoulder when a truck began to swerve, they could receive compensation that is reduced. It is important to select an injury lawyer who is skilled and experienced to take care of your case. Contact us now to get started.