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Truck Accident Law A lawyer for truck accidents who has expertise in the industry has a deep understanding of the laws that govern truck drivers as well as trucking firms. They will conduct an investigation to find evidence, including the maintenance records of trucking companies that could be used to justify a claim of negligence. A NYC truck accident lawyer can assist you in determining who is at fault in your case and assist you in recovering your injuries. 1. Fatigued or Injured Driver The most effective method of determining who is responsible in a collision between an automobile and a car is to examine the behavior of the driver. A lawyer for truck accidents can look over surveillance footage and witness testimony to pinpoint the driver who was at fault. A lot of places have surveillance cameras. This includes all intersections, hotels, interchanges gas stations and restaurants. A skilled lawyer for truck accidents can use this evidence to identify potential defendants, especially when the driver was unobservant or distracted at the time of the accident. In truck accidents, the driver may be injured or fatigued at the time of the accident. A thorough analysis of the driver's track logs will reveal if they slept too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and demand sufficient rest breaks. The trucking company could also be held accountable for negligent acts of their employee. A negligent hiring or training process could have contributed to the accident, as could policies that encourage drivers to remain on the road for as long as they can, which can result in a reduction in rest and sleep time, and increasing their chance of being involved in an accident. If a road that is dangerous caused an accident, the government agency accountable for maintaining it may be held responsible. A skilled truck accident lawyer can identify the relevant agency and hire an experienced construction or maintenance contractor to examine the root of the unsafe condition in the event that it is applicable. A seasoned attorney can determine which parties could be liable and pursue compensation from all sources. 2. Defective Equipment Many truck accidents are caused due to defective equipment, such as brakes and tires, coupling systems and cargo restraints. These equipments are designed to withstand rigorous usage and must be examined and maintained to prevent failure. If something goes wrong it could make the truck driver unable control the vehicle and may result in serious or fatal collisions. The problem with defective truck parts and equipment may be the responsibility of a number of entities, including the trucking company as well as the manufacturer and the parts dealer or repair shop. If an accident happens because of a malfunctioning piece of equipment or a part the person who was injured can seek compensation for both economic and non-economic losses. Economic damages include medical expenses both now and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering and brain injuries that are traumatic emotional distress. In certain cases punitive damages might be available to punish the defendant to prevent similar wrongful acts from happening again in the future. Despite the best efforts of trucking companies and their drivers problems are inevitable. It is crucial to identify the responsible parties in order to seek compensation for the losses. The highly experienced lawyers at Burch law firm will assist those who have been involved in a car accident. Contact us today for an initial consultation for free. Our lawyers will review your case, determine liable parties, and fight to secure the compensation you are entitled to. We can assist you in obtaining compensation to pay medical bills as well as lost wages and emotional or physical suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours a day and 7 days a week to answer your call. 3. Unloading Cargo Unsafely The cargo trucks carry on the road may seem easy enough, however there are strict guidelines that loaders and drivers must adhere to when stacking and secure their loads. Failure to follow these guidelines could cause serious issues. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the most common causes of truck accidents. A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This can be particularly risky since the cargo could cause an obstruction or create a risk on the road, forcing other drivers to slow down or crash into it. missouri truck accident law firm could also fall on people who are cycling or walking within the vicinity of the truck. Based on the circumstances of the incident, there could be a variety of parties responsible. If a driver was negligent in loading his or her cargo, for instance it could be held responsible according to the legal theory of respondeat superior. However, the trucking company that employs the driver could be liable as well, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability. In cases in which an accident occurred due to unsafely loaded or secured cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who is at fault. A Cordisco and SAIL LLC attorney will assist victims to determine who they should make a claim for compensation against. A successful claim could result in a settlement or verdict that provides victims with the financial aid they require to recover from their injuries. 4. Unsafe Road Conditions Trucking companies and their drivers have a duty to keep their trucks in good condition. If they fail to do this it could lead to serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced in order for they to function properly. If this is not done, it can result in a dangerous, unsafe road. The conditions of the road and weather can also lead to truck crashes. Due to their size, trucks are more likely to be involved in crashes when they are driving in bad weather or on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of hours they are allowed to drive in a day. These regulations are designed to safeguard the public. However truckers who do not follow these rules to meet deadlines or to earn more cash from employers, they put the public at risk. Unsafe road conditions could include slick pavement that stops tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues are inadequate lane markings like solid or broken lane lines that make drivers confused about which lane they're on, and merging ramps for lane switching that are too small for large vehicles to safely change lanes. If a truck crash occurs because of poor road conditions the trucking company or government agency accountable to maintain that road could be held responsible. The party who created the dangerous conditions must be proven to have breached its duty of care. This can include negligent hiring or maintenance of vehicles, as well as testing for drugs. Under California law, victims can claim compensation for medical bills, lost income, suffering and loss of quality of life. 5. Accidents involving pedestrians Truck accidents can be extremely hazardous for pedestrians walking along roads or in their yards. Pedestrians typically have no protection from the enormous size and weight of a truck and could suffer severe injuries, which are often fatal, from such crashes. In these types of situations, a personal injury attorney will seek compensation from any person that was negligent. In some instances, this may be as simple as suing the truck driver if they ran an intersection and struck the pedestrian, but in other instances, it could be the trucking firm that allowed the trucker longer shifts than allowed by law, failed to take care of the vehicle, or even conducted an background check that could have revealed the history of unsafe driving behavior. Distraction or inattention are among the most common causes of accidents involving trucks and pedestrians. Although this type of incident is not uncommon in any car accident, it could be more deadly due to the fact that truck drivers are usually higher up in their cabs. They also have more blind spots that are hard to see. If a pedestrian is injured in a truck accident and is injured, they may be awarded compensation for medical expenses as well as loss of earnings, pain and suffering, as well as property damage. In some cases, if the plaintiff is found partly accountable for the incident due to their own actions (such as not turning over to the left side when the truck started to slow down) the amount they receive will be reduced accordingly. 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.