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Truck Accident Law A truck accident lawyer with expertise in the field has a thorough understanding of the laws that govern truck drivers as well as trucking firms. They will conduct an investigation and discover evidence such as maintenance records of the trucking company which could support a negligence claim. A NYC truck accident lawyer can assist you in determining who's at fault in your case and help you recover for 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 examine surveillance footage and witness statements to determine which driver was responsible for the accident. Many locations are equipped with surveillance cameras, including the majority of intersections and interchanges as well some hotels, gas stations, restaurants, and other businesses. A skilled truck accident lawyer can make use of this evidence to identify the potential defendant, particularly when the driver seemed unobservant or distracted during the time of the accident. In the event of a truck accident the driver may be injured or fatigued at the time of the accident. A thorough review of the driver's logs can reveal if they went too long without sleeping or did not follow Motor Carrier Safety Regulations that restrict the amount of time truckers are allowed to spend on the road and demand regular rest breaks. The trucking company could also be held accountable for negligent actions of their employees. A negligent hiring or training method could have contributed to this accident, as can policies that encourage drivers to drive 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. carlsbad truck wreck lawyer that are responsible for maintaining roads may also be liable if a hazardous roadway caused the accident. A truck accident lawyer who is knowledgeable will identify the person responsible and then hire a construction or maintenance contractor who is experienced to investigate the root of any unsafe conditions, if applicable. A knowledgeable attorney can also determine which parties could be accountable and seek out compensation from all sources. 2. Defective Equipment Many truck accidents occur because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to endure rigorous use and must be properly examined and maintained to prevent failure. When something goes wrong, a trucker may be unable to control their vehicle and it could cause serious or fatal accidents. Damaged truck parts and equipment could be the responsibility of several entities, including the trucking company and the manufacturer as well as the parts dealer or repair shop. When an accident occurs because of a defective piece of equipment or component that is damaged, the victim can seek compensation for both economic and non-economic losses. Economic damages are a combination of future and present medical expenses loss of income, loss of earning capacity. Noneconomic damages can include discomfort and pain, traumatic brain injuries, and emotional anxiety. In some cases punitive damages can be awarded to punish the defendant and stop future mistakes. Despite the best efforts by trucking companies and drivers, equipment malfunctions are bound to happen. It is crucial to determine the parties responsible in order to pursue compensation for your loss. The highly skilled attorneys at the Burch law firm can help you in the event that you've been involved in a truck crash. Contact us today to set up a complimentary consultation. Our lawyers will analyze your case, determine liable parties and fight for the compensation you are entitled to. We can help you recover compensation for medical bills or lost wages from work as well as physical and mental suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available to take your calls 24/7 and seven days a semaine. 3. Unloading Cargo in a way that isn't safe The cargo that trucks carry on the road might seem easy enough, however there are strict rules that loaders and drivers must adhere to when stacking and securing their loads. Infractions to these rules could result in serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the major causes of truck accidents. Most of these truck accidents result from cargo falling off the truck onto roads or other vehicles. This is especially dangerous because the cargo could cause a danger or obstruction on the road and cause drivers to turn around. It may also fall onto people who are walking or riding a bike in the vicinity of a truck. Based on the manner in which the incident occurred, multiple parties may be responsible. A driver who was negligent while loading his or her cargo might be held responsible under the legal theory of respondeat superior. The trucking company that employed that driver could also be held accountable, as it is responsible for its employees' actions under the principle vicarious responsibility. In the event that an accident happened because of unsecurely loaded or secured cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who is at fault. A Cordisco and SAIL LLC lawyer will assist victims to determine which defendants they should submit a claim to compensation against. A successful claim may result in a settlement or verdict that provides victims with the money they require to recover. 4. Unsafe Road Conditions The drivers and trucking companies have a duty to keep their trucks in a good working condition. If they do not, it can lead to serious accidents. There are many mechanical parts in trucks that require to be examined and replaced in order for them to work correctly. If this isn't done the result is an unsafe and dangerous road. The conditions of the road and weather can cause truck accidents too. Due to their huge size, trucks are more likely to be involved in a crash if they drive in bad weather or on wet roads. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the hours they are allowed to drive in a day. These rules are intended to safeguard the public. However truckers who ignore them in order to meet deadlines, or to earn more cash from their employers, they put the public at risk. Potholes and uneven surfaces can cause skidding. Other issues are inadequate lane markings like broken or solid lane lines that make drivers confused about which lane they're in, and merging lane ramps that are too small for larger vehicles to safely change lanes. When a truck accident happens due to road conditions that are not safe the trucking company, or the government agency that is responsible for maintaining the road may be held liable for the occurrence. It is imperative to prove that the person responsible for the incident violated their duty of care by causing hazardous conditions, and this can be a result of negligent hiring and maintenance of the vehicle, and drug screenings. In accordance with California law, victims can recover damages for their medical bills, lost income, suffering, and loss of quality of life. 5. Pedestrian injuries Truck accidents can be extremely hazardous for pedestrians walking along streets or in their yards. Pedestrians typically have no protection from the size and weight of a truck and can suffer catastrophic and often fatal injuries in these kinds of accidents. In these situations, an attorney for personal injury can seek compensation from the party who was negligent. In some instances the negligent party could be the truck driver who ran a red light and struck the pedestrian. However, in other cases, it could be a trucking company which allowed the trucker work longer than the time allowed by law or did not maintain the vehicle in a timely manner. Accidents involving trucks and pedestrians are usually caused by the driver's lack of attention or distraction. This type of accident is common in car accidents, but it can be deadly for truck drivers since they are higher and have a larger blind zone that are difficult to see. A pedestrian injured in a crash with a truck can be awarded compensation for medical expenses as well as lost earnings, discomfort and pain, and property damage. In some instances, the plaintiff is determined to be partially at fault for the accident because of their own actions (such as not turning over to the left side when the truck began to slow down) the compensation they receive could be reduced accordingly. This is why it is crucial that you retain an experienced and knowledgeable personal injury lawyer to manage your case. Contact us today to get started.