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Truck Accident Law A truck accident lawyer with expertise in the industry has a thorough understanding of the laws which govern truck drivers and trucking firms. They will conduct an investigation to find evidence, like maintenance records for trucking companies which could support a claim of negligence. A NYC truck accident lawyer in NYC can assist you in determining who is at fault for your incident and assist you in recovering your injuries. 1. Injured or fatigued Driver The easiest way to determine who is at fault in a collision between the truck and a passenger car is to examine the behavior of the driver. A truck accident attorney can utilize surveillance footage and testimony from witnesses to determine the driver at fault. Many locations have surveillance cameras. This includes the majority of intersections, hotels, interchanges gas stations, restaurants and hotels. A skilled truck accident lawyer can use this evidence to identify potential defendants, particularly when the driver seemed unobservant or distracted at the time of the accident. In truck accidents, the driver may have been injured or fatigued at the time of the accident. A thorough analysis of the logs from the driver will reveal if they slept too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and demand regular rest breaks. The trucking company may also be held responsible for the negligent acts of their employee. A negligent hiring or training process could have contributed to the accident, and so could policies that encourage drivers to remain on the road for as long as they can by limiting their rest and sleep time and thereby increasing the risk of an accident. If a road that is dangerous contributed to an accident, the government agency that is responsible for maintaining it could be held responsible. A truck accident lawyer who is experienced can identify the agency responsible and hire a contractor for construction or maintenance who is experienced to investigate the causes of any dangerous conditions in the event of a case. A knowledgeable attorney can identify various parties who could be liable, and pursue compensation from every source. 2. Defective Equipment Many truck accidents are caused by faulty equipment, including brakes and tires, coupling systems and cargo restraints. These items were designed to withstand heavy usage and should be maintained and repaired to avoid failure. If something goes wrong the trucker might not be able to control their vehicle and this can lead to fatal or serious accidents. The problem with defective parts and equipment for trucks could be the fault of a variety of entities, including the trucking company or the manufacturer, as well as the parts dealer or repair shop. If an accident occurs because of a malfunctioning piece of equipment or component that is damaged, the victim can seek compensation for both financial and non-economic losses. Economic damages can include current and future medical expenses as well as lost income and loss of earning capacity. Noneconomic damages can include discomfort and pain or traumatic brain injuries and emotional anxiety. In certain circumstances punitive damages could be available to punish the defendant in order to prevent similar negligence from happening 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 to claim compensation for your loss. The skilled lawyers at Burch law firm can help you if you've been in a truck accident. Call us today to arrange an initial consultation for free. Our lawyers will analyze your case, identify the responsible parties, and fight to secure the compensation you're entitled to. We can help you get compensation to cover medical bills or lost wages, as well as emotional or physical suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls 24 hours a day all week long. 3. Unloading Cargo in a way that isn't safe The cargo trucks carry on the road may appear easy enough, but there are strict guidelines that loaders and drivers must follow in terms of stacking and secure their loads. Any failure to comply with these guidelines can lead to serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading causes of truck accidents. Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This is particularly risky because the cargo could create a hazard or obstacle on the road, and force drivers to turn around. It can also fall onto people who are biking or walking near the truck. Based on the circumstances surrounding the incident, there could be multiple parties at fault. If an individual driver was negligent in loading his or her cargo, for example, that person might be held accountable under the legal principle of respondeat superior. The trucking company who employed the driver could also be held accountable in the sense that it is accountable for its employees' actions under the principle vicarious responsibility. In the event that an accident was caused by inadequately secured or loaded cargo, a skilled truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who is at fault. An attorney from Cordisco and Saile LLC will assist victims in determining the right defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim can result in a settlement or verdict that provides victims with the financial assistance they need to recover from the injuries they sustained. 4. Unsafe Road Conditions The drivers and trucking companies have a duty to keep their vehicles in good condition, and when they fail to do this, it can lead to serious accidents. To ensure that trucks work properly, mechanical parts are often inspected and replaced. When this doesn't happen, the result is dangerous and unsafe roads. The road and weather conditions can also lead to truck crashes. Because of their size trucks are more likely to be involved in crashes during bad weather conditions and on roads with a lot of water. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours 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 make more money from their employers, it puts the public at risk. Potholes and uneven surfaces can cause skidding. Other issues can be due to inadequate lane markings, such as broken or solid lines that confuse the driver on which lane they're in, or merging ramps that are too short for large vehicles to safely change lanes. If a truck accident occurs due to poor road conditions, the trucking firm or government agency responsible to maintain that road may be held accountable. The party who created the dangerous conditions needs to be proven guilty of violating its obligation of care. This can include negligent hiring, vehicle maintenance, and testing for drugs. In accordance with California law, victims can recover damages for their medical expenses and lost income, pain and loss of quality of life. 5. Accidents involving pedestrians Truck accidents can be extremely hazardous for pedestrians walking along streets or in their yards. The pedestrians aren't always protected from the weight and size of a truck and could be terribly injured or killed. In these types of situations the personal injury attorney will pursue compensation from any party that was negligent. In some instances, this may be as simple as the truck driver if they ran a red light and struck the pedestrian, but in others, it could be the trucking company that allowed the trucker longer shifts than required by law, or failed to maintain the vehicle, or conducted an investigation into the background of the driver that would have found the history of unsafe driving behavior. orange truck wreck lawyer involving trucks and pedestrians are often caused by the driver's lack of attention or apathy. While this kind of incident is common with any car accident, it can be more deadly due to the fact that truck drivers are usually higher up in their cabs and have more blind spots which are difficult to spot. A pedestrian who is injured in a car crash may receive damages for medical expenses loss of earnings, discomfort and pain, as well as property damage. In some instances, where the plaintiff is found to be partly responsible for the crash because of their own actions, such as failing to move over to the left shoulder when a truck started to swerve or avert, they may receive compensation that is reduced. It is important to hire a personal injury lawyer that is experienced and knowledgeable to take care of your case. Contact us today to get started.