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Truck Accident Law A lawyer for truck accidents with experience in the field has a thorough understanding of the laws that govern truck drivers and 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 determine who is at fault in your case, and assist you in recovering from your injuries. 1. Fatigued or Injured Driver If a car that is a passenger encounters a truck, the most straightforward method to determine the liability is to look at the driver's actions and mannerisms. An attorney for truck accidents can make use of surveillance footage and testimony from witnesses to determine the driver responsible. Many locations have surveillance cameras. This includes many intersections, interchanges, hotels gas stations, restaurants and hotels. A skilled lawyer for truck accidents can make use of this evidence to identify the potential defendant, particularly when the driver was unobservant or distracted when the accident occurred. In truck accidents the driver may be fatigued or injured at the time. The road logs of the drivers can reveal whether they slept insufficiently or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road. The trucking firm could be held responsible for the carelessness of their employees. A negligent hiring or training process could have contributed to the accident, and so could policies that encourage drivers to drive for as long as possible while limiting their rest and sleep time, and thereby increasing the chance of being involved in an accident. The government agencies that maintain roads can also be held accountable if a road that is unsafe contributed to the accident. A seasoned truck accident lawyer can identify the appropriate agency and then hire a seasoned maintenance or construction contractor to determine the cause of the unsafe situation and, if appropriate, to determine the cause. compton truck accident attorney can identify multiple parties that may be liable and seek compensation from all sources. 2. Defective Equipment Many truck accidents occur as a result of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand the rigors of use and must be maintained and repaired to prevent failure. If something goes wrong, it could make the truck driver unable control the vehicle, and could result in serious or fatal collisions. The trucking company, the manufacturer, parts dealer or repair shop could be held accountable for the defective truck parts and equipment. If an accident occurred as a result of a malfunctioning part or piece of equipment, the injured party could pursue damages for economic and noneconomic losses. Economic damages are a combination of future and present medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress, and traumatic brain injury. In certain instances, punitive damages may be awarded to penalize the defendant and prevent future mistakes. Despite the best efforts by trucking companies and drivers equipment issues are inevitable. If this happens, it's important to determine the liable parties in order to pursue compensation for your loss. If you have been involved in a truck accident and need help from an experienced attorney at the Burch Law firm can assist. Contact us today to set up a free consultation. Our lawyers will examine the case, find responsible parties and fight for the compensation you're due. We can help you get the amount you need to pay for medical bills or lost wages, as well as physical or emotional pain. We handle cases throughout Missouri including Jefferson City and Columbia. We are on hand to answer your calls all day all week long. 3. Unloading Cargo Unsafely Drivers and loaders of trucks must adhere to strict rules regarding stacking and securing cargo they transport on the road. If they don't follow these guidelines, it could cause serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most common causes of truck accidents. The majority of truck accidents result from cargo falling off the truck onto other vehicles or roads. This is especially risky because the cargo could create an obstruction or create a risk on the road, forcing motorists to swerve or crash into it. It could also fall on people who are cycling or walking in the vicinity of the truck. Depending on the way in which the accident occurred, multiple parties may be responsible. A driver who was negligent in loading his cargo may be held liable under the legal theory of respondeat superior. However the trucking company which employs that driver might be also liable because it is liable for the actions of its employees based on the principle of vicarious liability. In instances where an accident happened because of inadequately secured or loaded cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was responsible. An attorney from Cordisco & Saile LLC can assist victims in determining the proper defendants to bring a lawsuit against for compensation for their losses. A successful claim could result in a settlement or verdict that gives victims the financial support they require to recover from the injuries they sustained. 4. Road conditions that are unsafe The drivers and trucking companies have a responsibility to maintain their trucks in a good working condition. If they fail to do this, it can lead to serious accidents. To ensure that trucks work properly, mechanical components are often inspected and replaced. If this is not done, it could lead to a dangerous and unsafe road. The road and weather conditions can also cause truck crashes. Because of their size, trucks are more likely to be involved in a crash when they are driving in bad weather conditions or on roads with a lot of water. In addition, truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can drive per day. These rules are intended to protect the public, but if truck drivers ignore them to meet deadlines or to make more money from their employers, they put the public at risk. Unsafe road conditions include slippery pavement that prevents tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues can be due to inadequate road markings, such broken or solid lines that confuse the driver about which lane they are in, or merging ramps that are too short for large vehicles to safely switch lanes. If a truck accident occurs due to road conditions that are poor the trucking company or government agency responsible to maintain that road may be held accountable. It is essential to prove that the party in question breached their obligation of care by creating unsafe conditions. This could include negligent hiring or maintaining the vehicle, or drug testing. California law allows victims to recover damages for medical bills and lost wages, as well as suffering and loss of quality of life. 5. Accidents involving pedestrians Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck and could suffer catastrophic or fatal injuries. In these cases, an attorney for personal injury may seek compensation from the party who was negligent. In some cases the party who was negligent could be the driver of the truck who crossed a red light and struck the pedestrian. However, in other cases, it could be a trucking business that allowed the trucker to work longer than the time allowed by law, or failed to maintain the vehicle in a proper manner. Accidents involving trucks and pedestrians are usually caused by drivers' inattention or distraction. This type of accident is quite common in car accidents, but it could be deadly for truck drivers since they are higher and have greater blind zones that are difficult to see. When a pedestrian is injured in a collision with a truck it is possible to be awarded damages for medical expenses as well as loss of earnings, injuries and suffering, as well as 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 started to swerve) the amount they receive will be reduced accordingly. It is important to select an injury lawyer who is skilled and experienced to take care of your case. Contact us now to begin.