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Truck Accident Law A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will conduct an investigation and discover evidence, such as maintenance records of the trucking company that may prove negligence. A NYC truck accident lawyer in NYC can assist you in determining who's the fault in your situation and assist you in recovering your injuries. 1. Injured or fatigued Driver The most effective method of determining who is at fault in a collision between an automobile and a vehicle is to scrutinize the behavior of the driver. A lawyer for truck accidents will review surveillance footage and witness statements to determine which driver was responsible for the accident. A lot of places have surveillance cameras. This includes the majority of intersections interchanges, hotels gas stations, restaurants, and hotels. This evidence can be used by a truck wreck lawyer to identify a possible defendant, especially if the driver appeared distracted or inattentive at the moment of the accident. In the case of truck accidents it is also possible that a driver was tired or injured during the time of the accident. The road logs of the drivers will reveal if they were sleeping too much or did not observe the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road. The trucking company may also be held responsible for the negligent actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their sleep and rest times and thereby increasing their risk of being injured could also have contributed to. The government agencies that maintain roads can also be held accountable if a dangerous road caused the accident. A skilled truck accident lawyer can identify the relevant agency and employ a competent construction or maintenance contractor to investigate the cause of the unsafe situation and, if appropriate, to determine the cause. An experienced attorney can pinpoint several parties that could be liable, and pursue compensation from each source. 2. Defective Equipment Many truck accidents are the result of defective equipment. This includes tires, brakes and cargo restraints. These components were developed to withstand a lot of wear and tear and must be properly maintained and repaired to prevent failure. If something goes wrong, it could render the truck driver unable control the vehicle and could result in fatal or serious collisions. The problem with defective truck parts and equipment could be the responsibility of several different entities such as the trucking company or the manufacturer, as well as the repair or parts dealer shop. If an accident happened because of a defective component or piece of equipment, the injured party could pursue damages for economic and non-economic losses. Economic damages could include medical expenses both now and in the future, loss of income and loss of earning potential. Noneconomic damages can include discomfort and pain and brain injuries that cause trauma and emotional anxiety. In some cases, punitive damages may also be available to punish the defendant to prevent similar wrongful acts from occurring again. Despite the best efforts of trucking companies and drivers equipment malfunctions are bound to happen. It is crucial to identify the responsible parties in order to seek compensation for your loss. The highly experienced lawyers at Burch law firm are able to assist you if you've been involved in a truck crash. Contact us today for an appointment for a no-cost consultation. Our lawyers will examine your case, find liable parties and fight to obtain the compensation you're entitled to. We can help you get the amount you need to pay for medical bills or lost wages, as well as physical or mental suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days all week long to answer your call. 3. Unproperly Loaded Cargo Drivers and loaders of trucks must adhere to strict rules when it comes to stacking and secure the cargo they transport on the roads. If they don't follow these guidelines, it could result in serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the main causes of truck accidents. The majority of truck accidents result from cargo falling off the truck onto other vehicles or roads. This can be particularly risky due to the fact that the cargo may create an obstacle or cause a danger to the road, forcing drivers to turn around or hit it. san diego truck accident attorney could also fall on pedestrians who are biking or walking in the vicinity of the truck. Depending on the way in which the accident occurred, multiple parties may be at fault. If a driver was negligent in loading their cargo, for example the driver could be held responsible under the legal principle of respondeat superior. However the trucking firm that employs the driver could be equally liable, because it is responsible for the actions of its employees according to the principle of vicarious liability. An experienced lawyer for truck accidents can use police reports and 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 can assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim may result in a verdict or settlement that can provide victims with the financial assistance they require to cover the costs of. 4. Road conditions that are unsafe The drivers and trucking companies are obliged to keep their trucks in a good working condition. If they fail to do this it could lead to serious accidents. Trucks often have mechanical parts that must be inspected and replaced to allow them to function correctly. When this doesn't happen it results in a dangerous and unsafe roadway. The weather and road conditions can cause truck accidents too. Due to their size, trucks are much more likely to be involved in a crash if they drive in adverse conditions or on roads that are wet. Additionally, truck drivers are required to follow strict Federal Motor Carrier Safety Administration regulations about how many hours they are allowed to drive in a day. These rules are meant to protect the public. However truckers who do not follow them in order to meet deadlines, or to earn more cash from employers, they put the public at risk. Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues can be due to inadequate lane markings, such as solid or broken lines that confuse the driver regarding which lane they're in, or merging ramps that are not long enough for large vehicles to safely switch lanes. If a car accident occurs because of poor road conditions the trucking company or government agency responsible to maintain that road may be held accountable. It is essential to prove that the person responsible for the incident violated their duty of care in creating hazardous conditions, and this could include negligent hiring and maintenance of the vehicle, or drug screenings. California law permits victims to seek damages for medical bills or lost wages, pain and loss of quality of life. 5. Injuries to Pedestrians Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. The majority of pedestrians are not protected from the enormous size and the weight of a truck and they can sustain catastrophic, often fatal injuries from such crashes. In these kinds of cases the personal injury attorney will seek compensation from the party that was negligent. In some instances it could be as easy as the truck driver if they ran at a red light and hit the pedestrian, however in other instances it could be the trucking firm that permitted the trucker to work longer shifts than required by law, or failed to take care of the vehicle, or conducted an examination of their background that would have found the existence of a history of dangerous driving habits. Accidents involving pedestrians and trucks tend to be caused by drivers' inattention or apathy. This kind of accident is quite common in car accidents, but it could be fatal for truck drivers as they are higher up and have a larger blind zone which are difficult to spot. If a pedestrian gets injured in a collision with a truck, they can be awarded compensation for medical expenses, loss of earnings, pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partially accountable for the accident because of their own actions, like not moving over to the left shoulder when a truck began to swerve, they can be awarded a lower amount of compensation. It is important to select an attorney for personal injuries who is experienced and knowledgeable to handle your case. Contact us today to get started.