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Truck Accident Law A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will conduct an investigation to find evidence, including trucking company maintenance records which may be evidence to provide evidence to support a claim of negligence. A NYC truck accident attorney can determine the responsible parties in your case and assist you in recovering from 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 look at the behavior of the driver. A lawyer for truck accidents can review the footage of surveillance and witness testimony to determine the driver who was responsible for the accident. There are many places with surveillance cameras. This includes many intersections, interchanges, hotels gas stations, restaurants and hotels. A skilled truck accident lawyer could use this evidence to identify potential defendants, particularly if the driver seemed inattentive or distracted at the time of the accident. In truck accidents the driver could have been fatigued or injured at the time of the accident. A thorough investigation of the logs from the driver can reveal whether they slept too long without sleeping or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers can be on the road and require regular rest breaks. The trucking company could also be held accountable for the negligent actions of their employee. A negligent hiring or training practice could have contributed to this accident, as could policies that encourage drivers to drive for as long as they can by limiting their sleep and rest time and thereby increasing the risk of an accident. If a dangerous road resulted in an accident, the government agency that is responsible for maintaining it could be held accountable. A knowledgeable truck accident lawyer will identify the relevant agency and then hire a seasoned maintenance or construction contractor to look into the cause of the unsafe road and if it's applicable. A knowledgeable attorney can identify various parties who could be liable, and pursue compensation from each source. 2. Defective Equipment Many truck accidents are caused by defective equipment, such as brakes and tires, coupling systems, and cargo restraints. These items were designed to withstand heavy use and must be maintained and repaired to prevent failure. If something goes wrong truckers may not be able to control their vehicle and it could cause tragic or fatal accidents. The problem with defective truck parts and equipment could be the fault of several entities which include the trucking company and the manufacturer as well as the parts dealer or repair shop. If an accident occurs because of an equipment or component the person who was injured can seek compensation for both financial and non-economic damages. Economic damages include future and current medical expenses loss of income, loss of earning capacity. Noneconomic damages include suffering and pain, traumatic brain injury emotional distress. In vista truck accident lawsuit could be available to punish the defendant to prevent similar negligence from happening again in the future. Even with the best efforts of trucking companies and drivers, equipment issues will always occur. It is crucial to identify the parties accountable in order to pursue compensation for your loss. If you've been involved in a collision with a truck and need help from an experienced attorney at Burch Law Firm are able to assist. Contact us today for an appointment at no cost. Our lawyers will review the case, identify responsible parties and fight for the compensation you deserve. We can help you recover compensation for medical expenses and lost wages at work and physical and emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a day all week long to answer your call. 3. Unloading Cargo Incorrectly Drivers and loaders of trucks must adhere to strict guidelines when it comes to stacking and securing the cargo they transport on the road. If they don't follow these guidelines can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the major reasons for truck accidents. A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This is particularly risky, as the cargo could cause a danger or obstruction on the road and cause other drivers to slow down. It can also fall onto people who are walking or riding a bicycle near the truck. Based on the circumstances of the incident, there could be multiple parties at fault. A driver who was negligent in loading his cargo may be held liable under the legal theory of respondeat superior. However, the trucking company that employs that driver might be also liable because it is responsible for the actions of its employees under the principle of vicarious liability. An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to bring a lawsuit against for compensation for their loss. A successful claim can result in a verdict or settlement that provides victims with the money they require to recover. 4. Unsafe Road Conditions Trucking companies, as well as their drivers, have an obligation to keep their vehicles in good working condition. Failure to do so could result in serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced to allow they to function properly. When this doesn't happen, the result is an unsafe and hazardous road. Accidents involving trucks can also be caused by weather conditions or road conditions. Due to their huge size, trucks are much more likely to be involved in crashes when they travel in bad weather or on wet roads. In addition, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive each day. These regulations are designed to protect the public, but if truck drivers do not follow them in order to meet deadlines, or to gain more money from their employers, it puts the public at risk. Unsafe road conditions include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other problems include inadequate lane markings such as broken or solid lane lines that confuse drivers about what lane they're in and merging lane ramps that are too small for large vehicles to safely switch lanes. If a truck accident happens due to poor road conditions the trucking company or the government agency that is responsible to maintain that road could be held responsible. It is imperative to prove that the party in question breached their duty of care in creating dangerous conditions. This can be a result of negligent hiring or maintaining the vehicle, or drug tests. In accordance with California law, victims are able to get compensation for medical expenses and lost income, pain and loss of quality of life. 5. Pedestrian injuries Truck accidents can be extremely dangerous for pedestrians walking along roads or in their own backyards. Pedestrians typically have no protection from the enormous size and weight of a truck, and could suffer severe and often fatal injuries in these kinds of crashes. In these cases, an attorney for personal injury may seek compensation from the party who was negligent. In some instances it could be as straightforward as the truck driver if they ran a red light and struck the pedestrian, however in other cases it could be the trucking company that allowed the trucker longer hours than permitted by law, did not perform proper maintenance on the vehicle, or conducted an background check that could have revealed an occurrence of unsafe driving habits. Accidents involving pedestrians and trucks are often caused by the driver's inattentiveness or distraction. Although this type of incident is not uncommon in any car accident, it could be more deadly because truck drivers are usually higher up in their cabs and have bigger blind areas that are hard to see. A pedestrian injured in a car crash may receive compensation for medical expenses, lost earnings, pain and discomfort, and property damage. In certain cases, the plaintiff is found to be partially at fault for the incident due to their own actions (such as not stepping over to the left side when the truck started to accelerate) their compensation could be reduced according to. It is important to select an attorney for personal injuries who is knowledgeable and experienced to take care of your case. Contact us today to get started.