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Truck Accident Law A truck accident lawyer with knowledge of the field is well-versed in the laws which govern truck drivers and trucking firms. They will investigate and uncover evidence, such as maintenance records of the trucking firm that could prove negligence. A NYC truck accident lawyer can assist you in determining who is responsible for your accident and help you recover your injuries. 1. Fatigued or injured driver If a vehicle carrying passengers collides with a truck, the most effective way to determine who is at fault is to examine the conduct of the driver and his manner. A truck accident lawyer can examine video surveillance footage and witness testimony to determine which driver was at fault. Many places are equipped surveillance cameras, including the majority of intersections and interchanges as certain gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck accident lawyer to identify a potential defendant, especially if the driver was distracted or not paying attention at the time of the incident. In the event of a truck accident, the driver may be fatigued or injured at the time of the incident. The road logs of drivers can reveal whether they were sleeping too much or did not observe the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road. The trucking company could also be held accountable for the negligent acts of their employee. A improper hiring or training procedure could have contributed to the accident, as could the policies that encourage drivers to drive for as long as they can while limiting their rest and sleep time and thereby increasing the risk of being involved in an accident. Government agencies that are responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A knowledgeable truck accident lawyer will identify the relevant agency and employ a competent maintenance or construction contractor to look into the cause of the dangerous condition in the event that it is applicable. A skilled attorney can identify the multiple parties that could be responsible and seek compensation from all sources. 2. Defective Equipment Many truck accidents are caused due to defective equipment, including brakes as well as the coupling system, tires and cargo restraints. These pieces of equipment were designed to withstand heavy use and must be properly maintained and repaired to prevent failure. If something goes wrong it can leave the driver of a truck in a position to control the vehicle and could cause fatal or serious collisions. The problem with defective parts and equipment for trucks could be the responsibility of a variety of entities which include the trucking company or the manufacturer, as well as the repair or parts dealer shop. If an accident happens because of a malfunctioning piece of equipment or a part, the injured party can seek compensation for both economic and non-economic damages. Economic damages may include the current and future medical costs, lost income, and loss of earning capacity. Noneconomic damages include suffering and pain, traumatic brain injury emotional distress, and traumatic brain injury. In certain instances, punitive damages are given to punish the defendant and to prevent future recklessness. Even with the best efforts of trucking companies and drivers, equipment problems will always occur. If this happens, it's important to determine the liable parties to claim compensation for your loss. The skilled lawyers at Burch law firm can assist you if you've been involved in a collision with a truck. Contact us today to schedule an initial consultation for free. Our lawyers will examine the case, find responsible parties, and fight for the compensation you're entitled to. We can assist you in recovering compensation for medical expenses and lost wages at work as well as physical and emotional suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a days, 7 days a weeks to answer your phone. 3. Unloading Cargo Improperly Drivers and loaders of trucks must adhere to strict rules regarding stacking and secure the cargo they transport on the road. Failure to follow these guidelines can cause serious problems. In a recent research, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the major causes of truck accidents. Most of these truck accidents result from cargo falling from the vehicle onto roads or other vehicles. This can be particularly risky because the cargo could create an obstacle or cause a danger to the road, causing drivers to turn around or crash into it. It may also fall onto pedestrians or cyclists riding bicycles in the vicinity of trucks. Based on the manner in which the incident occurred, a number of parties could be responsible. If a driver was negligent while loading his or her cargo, for instance the driver could be held responsible under the legal theory of respondeat superior. However, charlotte truck wreck lawyer that employs the driver could be liable as well, because it is responsible for the actions of its employees based on the principle of vicarious liability. An experienced lawyer for truck accidents can utilize police reports and professional investigators to determine the root of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC may assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their loss. A successful claim could result in a settlement or a verdict that provides victims with the financial assistance they need to recover from their injuries. 4. Unsafe Road Conditions Trucking companies and their drivers have a responsibility to maintain their vehicles in good condition, and when they fail to follow this it could lead to serious accidents. To ensure that trucks function properly, mechanical parts are regularly checked and replaced. If this is not done, it could lead to a dangerous and unsafe road. The conditions of the road and weather can also trigger truck accidents. Due to their size trucks are more prone to crash in stormy conditions and on roads that are wet. In addition truck drivers must follow strict Federal Motor Carrier Safety Administration rules regarding how long they are allowed to drive in a day. These regulations are designed to protect the public, but when truck drivers do not follow them to meet deadlines or gain more money from their employers, they put the public at risk. Potholes and uneven surfaces can cause skidding. Other problems include inadequate lane markings such as solid or broken lines of lane that confuse drivers about the lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely change lanes. If a truck crash occurs due to road conditions that are not safe the trucking company or the government agency responsible for maintaining the road could be held responsible for the accident. It is imperative to prove that the person in question violated their duty of care by creating hazardous conditions, and this can be a result of negligent hiring or maintaining the vehicle, and drug screenings. In accordance with California law, the victims may recover damages for their medical bills or lost income, suffering and loss of quality of life. 5. Injuries to Pedestrians Truck accidents are dangerous for pedestrians on the streets or even in their yards. People who walk on foot are usually not protected from the massive size and weight of a truck and they can sustain catastrophic injuries, which are often fatal, from these kinds of accidents. In these types of situations an attorney for personal injury will pursue compensation from any 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 a 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. Distraction or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. While this kind of incident is not uncommon in any car accident, it could be more fatal due to the fact that truck drivers are typically higher in their cabs and have more blind areas that are difficult to see. If a pedestrian is injured in a crash involving a truck it is possible to be awarded damages for medical bills as well as loss of earnings, suffering and property damage. In some instances, the plaintiff is found to be partially responsible for the accident because of their own actions (such as not transferring to the left side when the truck started to turn) the amount they receive will be reduced accordingly. It is important to hire an injury lawyer who is experienced and knowledgeable to handle your case. Contact us today to start.