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Truck Accident Law A lawyer for truck accidents who has expertise in the industry has a thorough understanding of the laws that regulate truck drivers and trucking firms. They will conduct an investigation and discover evidence such as maintenance records of the trucking company that could provide evidence for a negligence claim. A NYC truck accident lawyer can help you determine who is the fault in your situation and help you recover for your injuries. 1. Driver injured or fatigued The simplest method to determine who is responsible in a collision between an automobile and a car is to study the behavior of the driver. A lawyer for truck accidents can review surveillance footage and witness testimony to pinpoint the driver who was at fault. Many places are equipped surveillance cameras, including most intersections and interchanges as well in certain gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck wreck lawyer to identify a potential defendant, especially if the driver was distracted or not paying attention at the time of the accident. In cases of truck accidents, it is possible that the driver was fatigued or even injured during the time of the accident. A thorough analysis of the driver's logs will reveal if they spent too long without sleep or did not follow Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and demand regular rest breaks. The trucking company could be held accountable for negligence of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their sleep and rest times and putting them at risk for accidents could also have contributed to. Government agencies that are responsible for maintaining roads can also be held accountable if a dangerous road contributed to the accident. A knowledgeable truck accident lawyer will identify the relevant agency and enlist a skilled construction or maintenance contractor to examine the root of the unsafe situation in the event that it is applicable. A knowledgeable attorney can also identify multiple parties that may be responsible and seek compensation from all sources. 2. Defective Equipment Many truck accidents are caused by malfunctioning equipment, such as brakes as well as the coupling system, tires and cargo restraints. These pieces of equipment are designed to withstand a lot of use, and must be checked and maintained to prevent failure. If something goes wrong truckers may not be able to control their vehicle, and it could cause serious or fatal accidents. Defective truck parts and equipment may be the responsibility of several different entities which include the trucking company or the manufacturer, as well as the repair or parts dealer shop. When an accident occurs because of a defective piece of equipment or part the person who was injured can seek compensation for both financial and noneconomic losses. Economic damages can include medical expenses today and in the near future, lost income and the loss of earning potential. Noneconomic damages could include pain and discomfort and brain injuries that cause trauma and emotional distress. In some cases punitive damages could be available to punish the defendant in order to prevent similar negligence from happening again in the future. Despite the best efforts of trucking companies and drivers equipment malfunctions are a given. If this happens, it is important to determine the liable parties in order to pursue compensation for your loss. The highly skilled attorneys at the Burch law firm can assist you if you've been involved in a car accident. Contact us today to set up a free consultation. Our lawyers will analyze your case, identify liable parties, and fight to secure the compensation you are entitled to. We can assist you in obtaining compensation for medical expenses and lost wages at work as well as physical and mental suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls anytime 7 days a week. 3. Unloading Cargo Unsafely Loaders and drivers of trucks must adhere to strict regulations regarding stacking and secure the cargo they transport on the road. Failure to adhere to these guidelines could result in serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main causes of truck accidents. Most of these truck accidents result from cargo falling off the truck onto other vehicles or roads. This can be particularly dangerous because the cargo can cause a danger or obstruction on the road and force other drivers to slow down. It could also fall on people who are cycling or walking in the vicinity of the truck. Depending on the circumstances of the accident, there may be multiple parties to blame. A driver who was negligent in loading his cargo may be held responsible according to the legal doctrine of respondeat superior. However the trucking company which employs the driver could be equally liable, because it is liable for the actions of its employees based on the principle of vicarious liability. An experienced attorney for accidents involving trucks will use police reports as well as professional investigators to identify the cause of an accident that was caused by inadequately secured or loaded cargo. 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 can result in a settlement or verdict that can provide victims with the funds they require to recover. 4. Unsafe Road Conditions The trucking companies, as well as their drivers, have the obligation of keeping their trucks in good working condition. If they don't, it could lead to serious accidents. To ensure that trucks function properly, mechanical components are regularly checked and replaced. If this is not done, it can result in a dangerous, unsafe road. Truck crashes can also be caused by hazardous weather and road conditions. Due to their dimensions, trucks are more likely to be involved in a crash if they are driving in bad weather conditions or on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration rules about the amount of hours they can drive per day. These rules are intended to safeguard the public. However truckers who do not follow these rules to meet deadlines, or to get more money from their employers, they put the public at risk. Unsafe road conditions may include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other problems include inadequate lane markings like broken or solid lines of lane that confuse drivers about the lane they're in and merging lane ramps that are too small for large vehicles to safely switch lanes. If a truck crash occurs due to poor road conditions the trucking firm or government agency responsible for maintaining that road could be held accountable for the accident. The person responsible for causing the dangerous conditions must be proven guilty of violating its duty of care. This can include negligent hiring or vehicle maintenance, as well as testing for drugs. In accordance with California law, victims are able to recover damages for their medical expenses, lost income, suffering and loss of quality of life. 5. norfolk truck accident lawyer can be extremely dangerous for pedestrians walking along roads or in their own yards. Pedestrians typically have no protection from the massive size and weight of a truck, and could suffer severe or even fatal injuries from such crashes. In these types of cases an attorney for personal injury will seek compensation from any party that was negligent. In some instances, this may be as easy as the truck driver who ran at a red light and hit the pedestrian, but in others, it could be the trucking company who allowed the trucker longer shifts than required by law, or failed to perform proper maintenance on the vehicle, or even conducted an investigation into the background of the driver which would have revealed the existence of a history of dangerous driving habits. Accidents involving trucks and pedestrians tend to be caused by the driver's lack of attention or distraction. While this kind of incident is not uncommon in any car accident, it may be more fatal due to the fact that truck drivers are typically higher in their cabs, and have larger blind areas that are difficult to see. If a pedestrian gets injured in a truck accident, they can be awarded damages for medical expenses and loss of earnings, pain and suffering, as well as property damage. In some instances, the plaintiff is determined to be partially at fault for the incident because of their own actions (such as not turning over to the left side when the truck began to accelerate) the compensation they receive could be reduced according to. This is why it's important to hire an experienced and knowledgeable personal injury attorney to take care of your case. Contact us today to begin.