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Truck Accident Law A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will conduct an investigation to find evidence, such as trucking company maintenance records which could justify a claim of negligence. A NYC truck accident lawyer can assist you in determining who's at fault in your case and help you recover your injuries. 1. Fatigued or Injured Driver When a passenger vehicle encounters a truck, the most straightforward way to determine who is at fault is to examine the conduct of the driver and his manner. A truck accident lawyer can utilize surveillance footage and witness testimony to determine the driver at fault. A lot of places have surveillance cameras. This includes many intersections, interchanges, hotels gas stations, restaurants, and hotels. A skilled lawyer for truck accidents could use this evidence to identify a potential defendant, particularly if the driver seemed inattentive or distracted when the accident occurred. In truck accidents the driver might be fatigued or injured at the time of the accident. The road logs of the drivers could reveal if they slept insufficiently or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road. The trucking company may also be held accountable for the negligence of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, thus reducing their rest and sleep times and increasing their risk of accident could have also contributed. If a dangerous road resulted in an accident, the government agency responsible for maintaining it can be held responsible. A knowledgeable truck accident lawyer can identify the appropriate agency and enlist a skilled maintenance or construction contractor to examine the root of the dangerous condition in the event that it is applicable. An experienced lawyer can identify various parties who could be liable, and pursue compensation from every source. 2. Defective Equipment Many truck accidents are caused by defective equipment, including the brakes, tires, coupling systems, and cargo restraints. These items were designed to withstand heavy use and must be maintained and repaired to avoid failure. When something goes wrong, it can leave the driver of a truck in a position to control the vehicle, and could cause fatal or serious collisions. The trucking company, the manufacturer, parts dealer, or repair shop can all be responsible for defective truck parts and equipment. If an accident occurred as a result of a defective part or piece of equipment, the victim could seek damages for both economic and noneconomic losses. Economic damages can include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages may include pain and discomfort and brain injuries that cause trauma and emotional anxiety. In certain instances punitive damages might be available to punish the defendant in order to stop similar mistakes from happening again in the future. Despite the best efforts of trucking companies and their drivers, a few equipment issues are inevitable. If this happens, it is important to determine the liable parties in order to seek compensation for your loss. If you've been injured in a truck crash, the experienced attorneys at Burch Law Firm are able to assist. Contact us today for an initial consultation for free. Our lawyers will examine the case, determine responsible parties, and fight to get the compensation you deserve. We can assist you in obtaining compensation for medical expenses as well as lost wages and physical or emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are available to take your calls all day all week long. 3. Unloading Cargo Improperly The cargo that trucks carry on the road might seem simple enough, but there are strict rules that drivers and loaders must follow in terms of stacking and securing their loads. Failure to adhere to these guidelines can lead to serious problems. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the main causes of truck accidents. anchorage truck accident law firm of truck accidents result from cargo falling off the truck onto other vehicles or roads. This can be especially dangerous because the cargo could create an obstacle or hazard on the road, forcing other drivers to slow down or to crash into it. It could also fall onto pedestrians or riders on bicycles in the vicinity of trucks. Based on the circumstances surrounding the incident, there could be several parties at fault. If a driver was negligent while loading his or her cargo, for example it could be held liable under the legal principle of respondeat superior. The trucking company employing that driver may also be liable for its actions, since it is responsible for its employees' actions in accordance with the principle of vicarious liability. In cases in which an accident occurred due to improperly loaded or secured 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 at fault. An attorney from Cordisco and Saile LLC can assist victims in determining the right defendants to make a claim against to seek compensation for their loss. A successful claim may result in a settlement or verdict which will give victims the money they require to recuperate. 4. Unsafe Road Conditions The trucking companies, as well their drivers, also have the responsibility of keeping their trucks in good working order. Failure to do this could lead to serious accidents. To ensure that trucks work properly, mechanical components are regularly checked and replaced. If this is not done, it could result in a dangerous and unsafe road. Truck accidents can also be caused by weather conditions or road conditions. Because of their size trucks are more likely to be involved in crashes during bad conditions and on roads that are wet. 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 safeguard the public. However truckers who ignore these rules in order to meet deadlines or to make more money from their employers, they put the public at risk. Potholes and uneven surfaces can cause skidding. Other problems include inadequate lane markings, such as solid or broken lane lines that make drivers confused about what lane they're in and merging lane ramps that are too small for larger vehicles to safely switch lanes. If a truck accident occurs because of poor roadway conditions the trucking firm or government agency responsible for maintaining that road could be held accountable for the incident. It is necessary to prove that the party in question breached their duty of care by creating hazardous conditions, and this can be a result of negligent hiring, maintenance of the vehicle, and drug screenings. California law permits victims to seek damages for medical bills or lost wages, pain and loss of quality life. 5. Injuries to Pedestrians Truck accidents pose danger to pedestrians on the streets or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries. In these kinds of cases in these types of cases, a personal injury lawyer will seek compensation from any person who was negligent. In some instances, this may be as straightforward as the truck driver who ran an intersection and struck the pedestrian, but in other instances, it could be the trucking company that allowed the trucker to work longer shifts than allowed by law, failed to take care of the vehicle, or even conducted an background check that would have revealed the history of unsafe driving behavior. Accidents involving pedestrians and trucks are most often result from the driver's inattention or apathy. While this type of accident is not uncommon in any car accident, it may be more deadly because truck drivers are typically higher up in their cabs and have larger blind spots that are hard to see. A pedestrian who is injured in a crash with a truck can receive damages for medical expenses, lost earnings, discomfort and pain, as well as property damage. In some cases, the plaintiff is found partially at fault for the incident due to their own actions (such as not moving over to the left side when the truck started to turn), their compensation can be reduced according to. It is important to hire an attorney for personal injuries who is experienced and knowledgeable to manage your case. Contact us today to get started.