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Truck Accident Law A lawyer for truck accidents who has expertise in the field has a thorough understanding of the laws that govern truck drivers as well as trucking firms. They will investigate and uncover evidence such as maintenance records of the trucking firm that could support a negligence claim. A NYC truck accident lawyer in NYC can assist you in determining who is at fault in your case and assist you in recovering your injuries. 1. Driver injured or fatigued The easiest way to determine who is at fault in a collision between an automobile and a car is to look at the driver's behavior. A truck accident lawyer can utilize surveillance footage as well as witness testimonies to determine the driver who is at fault. Many locations have surveillance cameras. This includes all intersections, hotels, interchanges gas stations, restaurants, and hotels. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if a 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 tired or injured at the time of the accident. A thorough analysis of the driver's logs can reveal whether they slept too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that restrict the amount of time that truckers spend on the road and require adequate rest breaks. The trucking firm could be held responsible for the negligence of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their sleep and rest times and increasing their risk of accident could have also contributed. Government agencies responsible for maintaining roads may also be accountable if a road that is unsafe caused the accident. A truck accident lawyer who has experience can identify the responsible agency and then an expert in construction or maintenance with experience to investigate the root of any unsafe conditions and, if necessary, to determine the cause. A knowledgeable attorney can also identify the multiple parties that could be liable and pursue compensation from all sources. 2. Defective Equipment Many truck accidents happen because of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand a lot of wear and tear and must be properly maintained and repaired to avoid failure. If something goes wrong, the trucker might not be able to control their vehicle, and this could result in serious or fatal accidents. Damaged truck parts and equipment can be the fault of a number of entities which include the trucking company, the manufacturer, and the parts dealer or repair shop. If an accident happened because of a defect in a component or piece of equipment, the injured person could seek damages for both economic and non-economic losses. Economic damages may include medical costs at present and in the future, loss of income and the loss of earning potential. Noneconomic damages include suffering and pain, traumatic brain injury and emotional distress. In certain cases punitive damages can 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 their drivers, certain equipment problems are inevitable. If this happens, it is important to determine the liable parties in order to seek compensation for your losses. The skilled lawyers at Burch law firm can assist you if you've been involved in a car accident. Contact us now to set up a free consultation. Our lawyers will analyze the case, identify responsible parties, and fight for the compensation you're due. We can help you obtain compensation for medical bills or lost wages from work and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours per day, 7 days a weeks to answer your calls. 3. Unproperly Loaded Cargo Loaders and drivers of trucks must adhere to strict guidelines when it comes to stacking and securing the cargo they transport on the road. 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 leading causes of truck accidents. The majority of these truck accidents are caused by cargo falling from the vehicle onto other vehicles or roads. This can be especially dangerous due to the fact that the cargo may create an obstruction or create a risk on the road, forcing other drivers to slow down or hit it. It could also fall onto pedestrians or cyclists riding bikes in the vicinity of a truck. Based on the circumstances surrounding the incident, there could be a variety of parties responsible. If an individual driver was negligent in loading his or her cargo, for example it could be held accountable under the legal theory of respondeat superior. The trucking company that employed that driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees in the spirit of vicarious responsibility. In cases in which accidents occur due to unsecurely loaded or secured cargo, a skilled truck accident lawyer will use 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 help victims determine the appropriate defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim can result in a verdict or settlement which will give victims the financial aid they need to recover. 4. Unsafe Road Conditions The drivers and trucking companies are required to keep their vehicles in good condition. If they fail to do so they could cause serious accidents. There are many mechanical parts in trucks that need to be checked and replaced to allow them to function properly. If kansas city truck wreck lawyer isn't done, it can result in a dangerous, unsafe road. Accidents involving trucks can also be caused by dangerous weather or road conditions. Due to their huge size, trucks are much more likely to be involved in a crash if they are driving in bad weather conditions or on roads with a lot of water. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can travel each day. These rules are intended to protect the public, but when truck drivers fail to follow them in order to meet deadlines, or to gain more money from their employers, they put the public at risk. Potholes and uneven surfaces could cause skidding. Other problems can include inadequate road markings, such broken or solid lines that confuse the driver about the lane they're in, or merging ramps that are too narrow for large vehicles to safely change lanes. When a truck accident happens because of road conditions that are poor the trucking company or the government agency that is responsible for maintaining the road could be held responsible for the accident. It is necessary to prove that the party responsible for the incident violated their duty of care in creating hazardous conditions, and this can be a result of negligent hiring or maintaining the vehicle, or drug testing. California law permits victims to claim damages for medical bills or lost wages, pain and loss of quality life. 5. Injuries to Pedestrians Truck accidents can be extremely hazardous for pedestrians walking along the streets or within their own yards. The pedestrians aren't always protected from the weight and size of a truck and can be terribly injured or killed. In these kinds of cases in these types of cases, a personal injury lawyer will pursue compensation from any party who was negligent. In certain cases the responsible party could be the driver of the truck who crossed a red light and hit the pedestrian. But in other cases it could be a trucking company which allowed the trucker to work longer than the time allowed by law or failed to maintain the vehicle in a timely manner. Accidents involving trucks and pedestrians are usually caused by the driver's inattentiveness or distraction. While this type of accident is normal in any car accident, it could be more deadly due to the fact that truck drivers tend to be higher up in their cabs and have more blind areas that are difficult to discern. A pedestrian who is injured in a crash with a truck can receive compensation for medical costs, lost earnings, discomfort and pain, and property damage. However, there are cases where the plaintiff is found to be partially accountable for the accident due to their own actions, like not stepping over to the left shoulder when a truck started to swerve or avert, they may receive compensation that is reduced. This is why it is important to hire an experienced and knowledgeable personal injury attorney to take care of your case. Contact us now to begin.