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Truck Accident Law A competent truck accident lawyer has a deep understanding of the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will conduct an investigation to find evidence, including trucking company maintenance records that could be used to provide evidence to support a claim of negligence. A NYC truck accident attorney can determine the responsible parties in your case, and help you recover from your injuries. 1. Fatigued or injured driver If a vehicle carrying passengers is involved in a collision with a truck the most straightforward method to determine the liability is to examine the manner of driving and behavior. A truck accident attorney can make use of surveillance footage and testimony from witnesses to determine the driver at fault. Many places have surveillance cameras. This includes the majority of intersections interchanges, hotels, gas stations and restaurants. A skilled truck accident lawyer can use this evidence in order to identify potential defendants, especially when the driver appeared unfocused or distracted at the time of the accident. In the case of truck accidents it could be that the driver was tired or injured during the time of the accident. A thorough investigation of the driver's logs will reveal if they spent too long without sleep or did not follow Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and demand sufficient rest breaks. The trucking company may also be held accountable for the reckless actions of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, thus reducing their rest and sleep time and thereby increasing their risk of being injured, may also have contributed. If a road that is dangerous contributed to an accident, the government agency responsible for maintaining it can be held accountable. A truck accident lawyer who is experienced can determine the agency responsible and engage an expert in construction or maintenance with experience to look into the root cause of any hazardous conditions, if applicable. An experienced lawyer can identify several parties that could be liable, and pursue compensation from every source. 2. Defective Equipment Many truck accidents occur because of defective equipment. This includes tires, brakes and cargo restraints. These items were designed to withstand the rigors of use and must be properly maintained and repaired to avoid failure. When something goes wrong the trucker might not be able to control their vehicle, and this could result in fatal or serious accidents. Incorrect truck parts and equipment could be the fault of a variety of entities, including the trucking company or the manufacturer, as well as the repair or parts dealer shop. If an accident occurred as a result of a defective part or piece of equipment, the person injured may seek damages for economic and noneconomic losses. Economic damages include medical expenses at present and in the future, lost income and the loss of earning potential. Noneconomic damages include pain and suffering and brain injuries that are traumatic and emotional distress. In some cases punitive damages can be awarded to penalize the defendant and prevent future recklessness. Despite the best efforts of trucking companies and their drivers issues are inevitable. It is essential to identify the responsible parties to pursue compensation for your loss. If you've been injured in a collision with a truck and need help from an experienced attorney at the Burch Law Firm can help. Call us today to arrange a free consultation. Our lawyers will go over the case, determine responsible parties and fight for the compensation you deserve. We can assist you in recovering compensation for medical expenses as well as lost wages from work, as well as physical and emotional suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls all day all week long. 3. Unloading Cargo in a way that isn't safe Loaders and drivers of trucks must follow strict guidelines when it comes to stacking and secure the cargo they transport on the road. Infractions to these rules could result in serious issues. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most frequent 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 particularly dangerous because the cargo can create a hazard or obstacle on the road and force motorists to swerve. It may also fall onto pedestrians or riders on a bike in the vicinity of trucks. Depending on the way in which the accident occurred, multiple parties may be responsible. A driver who was negligent in loading his or cargo could be held accountable according to the legal doctrine of respondeat superior. However the trucking company that employs that driver might be held accountable, too, because it is responsible for the actions of its employees according to the principle of vicarious liability. In cases where an accident occurred due to improperly loaded or secured cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco and Saile LLC may assist victims in determining the right defendants to file a claim against for compensation for their losses. A successful claim may result in a settlement or verdict which gives victims the financial aid they require to recover from their injuries. 4. Unsafe Road Conditions Trucking companies and their drivers have a duty to keep their trucks in a good working condition. If they do not they could cause serious accidents. To ensure that trucks function properly, mechanical parts are regularly checked and replaced. If this isn't done, it could result in a dangerous and unsafe road. Accidents involving trucks can also be caused by hazardous weather and road conditions. Because of their size trucks are more likely to crash in stormy conditions and on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration rules about the hours they can drive per day. hesperia truck accident lawsuit are intended to protect the public, but if truck drivers ignore them to meet deadlines or to earn more money from their employers, it puts the public at risk. Unsafe road conditions may include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues are inadequate lane markings like solid or broken lines of lane that confuse drivers about which lane they're on, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes. If a truck crash occurs due to poor road conditions, the trucking company or government agency that is responsible for maintaining the road could be held responsible for the occurrence. The party who created the dangerous conditions needs to be proven guilty of violating its obligation of care. This could be due to negligent hiring or vehicle maintenance, as well as drug testing. California law permits victims to recover damages for medical bills or lost wages, pain and loss of quality life. 5. Injury to a pedestrian Truck accidents pose danger to pedestrians walking along roads or even in their yards. The majority of pedestrians are not protected from the size and weight of a truck and they can sustain catastrophic injuries, which are often fatal, from such crashes. In these situations, an attorney for personal injury can seek compensation from the party who was negligent. In certain cases the responsible party could be the driver of the truck who ran a red signal and hit the pedestrian. But in other cases it could be a trucking company which allowed the trucker work longer than the time allowed by law, or failed to maintain the vehicle in a timely manner. Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. While this type of accident is normal in any car crash, it can be more deadly because truck drivers are typically higher up in their cabs and have more blind spots that are difficult to discern. A pedestrian injured in a crash with a truck can receive compensation for medical expenses and lost earnings, as well as pain and discomfort, and property damage. In some cases, the plaintiff is found partially at fault for the incident because of their own actions (such as not moving over to the left side when the truck started to turn), their compensation can be reduced in proportion. This is why it is important to hire an experienced and knowledgeable personal injury attorney to take care of your case. Contact us today to get started.