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Truck Accident Law A lawyer who has expertise in the field has a deep understanding of the laws that govern truck drivers as well as trucking firms. They will look into evidence, including the maintenance records of trucking companies that could be used to support a claim of negligence. A NYC truck accident lawyer in NYC can assist you in determining who's responsible for your accident and help you recover for your injuries. 1. Driver injured or fatigued If a car that is a passenger collides with a truck the most effective method to determine the liability is to scrutinize the conduct of the driver and his manner. A truck accident lawyer can review surveillance footage and witness statements to pinpoint the driver who was responsible for the accident. Many places are equipped surveillance cameras, which includes the majority of intersections and interchanges as some gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck crash lawyer to determine a potential defendant, especially if the driver appeared distracted or inattentive at the time of the accident. In cases of truck accidents it could be that the driver was fatigued or even injured at the time of the accident. The road logs of the drivers could reveal if they slept insufficiently or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road. The trucking company may also be held accountable for negligent acts of their employee. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their sleep and rest times and thereby increasing their risk of being injured may have contributed. The government agencies that maintain roads can also be held accountable if a road that is unsafe caused the accident. A truck accident lawyer who is well-versed can determine the agency responsible and engage a construction or maintenance contractor who has experience to determine the cause of any unsafe conditions, if applicable. A knowledgeable attorney can identify several parties that could be accountable, and seek compensation from each source. 2. Defective Equipment Many truck accidents are caused by malfunctioning equipment, such as brakes, tires, coupling systems and cargo restraints. These pieces of equipment are designed to withstand a lot of use, and must be inspected, maintained, and repaired to avoid failure. When something goes wrong, truckers may not be able to control their vehicle, and this can lead to fatal or serious accidents. The trucking company, the manufacturer of parts, the parts dealer, or repair shop can be held accountable for the defective truck parts and equipment. If an accident took place because of a defect in a component or piece of equipment, the injured party could pursue damages for economic and noneconomic losses. Economic damages may include medical costs both now and in the future, loss of income and the loss of earning potential. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress, and traumatic brain injury. In certain cases punitive damages might be available to punish the defendant in order to prevent similar negligence from occurring in the future. Despite the best efforts of trucking companies and drivers, equipment issues will always occur. If this happens, it's important to determine the liable parties in order to claim compensation for your loss. If you've been injured in a collision with a truck and need help from an experienced attorney at Burch Law Firm can help. Contact us now to set up a complimentary consultation. Our lawyers will review the case, find responsible parties and fight for the compensation you deserve. We can help you recover compensation to pay medical bills, lost wages, and physical or emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls anytime 7 days a week. 3. Unloading Cargo Incorrectly Loaders and drivers of trucks must adhere to strict rules in stacking and securing the cargo they transport on the roads. Failure to follow these guidelines can cause serious issues. 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 crashes are caused by cargo falling off the truck onto roads or other vehicles. This is especially risky due to the fact that the cargo may create an obstruction or create a risk on the road, forcing motorists to swerve or smash into it. It may also fall onto pedestrians or riders on bicycles in the vicinity of trucks. Depending on how the accident took place, a variety of parties could be at fault. A driver who was negligent while loading his or cargo could be held liable according to the legal doctrine of respondeat superior. However the trucking firm that employs that driver might be liable as well, since it is accountable for the actions of its employees based on the principle of vicarious liability. In cases where an accident occurred due to improperly loaded or secured cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was accountable. A Cordisco and SAIL LLC lawyer will assist victims to determine which defendants to pursue a claim for compensation against. A successful claim could result in a settlement or verdict which will give victims the funds they require to recuperate. 4. Road conditions that are unsafe The drivers and trucking companies have a duty to keep their trucks in good working condition, and when they do not they could cause serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced to allow them to work correctly. If this doesn't happen, the result is an unsafe and hazardous road. Accidents involving trucks can also be caused by dangerous weather and road conditions. Because of their size trucks are more likely to crash in bad weather conditions and on roads with a lot of water. Additionally truck drivers must follow strict Federal Motor Carrier Safety Administration rules regarding how long they can drive per day. These rules are intended to protect the public, but if truck drivers ignore them in order to meet deadlines, or to get more money from their employers, it puts the public at risk. chandler truck wreck lawyer and uneven surfaces can cause skidding. Other issues include insufficient road markings, such solid or broken lines that confuse drivers regarding which lane they're in, or merging ramps that aren't long enough for large vehicles to safely switch lanes. If a truck crash occurs due to poor road conditions the trucking company or the government agency that is responsible for maintaining the road could be held responsible for the occurrence. The person who caused the unsafe conditions has to be proven to have violated its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as drug testing. In accordance with California law, victims can seek compensation for medical bills and lost income, pain and loss of quality of life. 5. Injury to a pedestrian Truck accidents can be extremely hazardous for pedestrians who are walking along the streets or within their own yards. People walking on foot are not always protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries. In these types of situations an attorney for personal injury will seek compensation from any person who was negligent. In some cases the responsible party could be the truck driver who ran a red flag and hit the pedestrian. However, in other cases it could be a trucking business which allowed the trucker work longer than what is permitted by law or did not maintain the vehicle in a timely manner. Accidents involving pedestrians and trucks are most often result from the driver's inattention or distraction. While this kind of incident is not uncommon in any car crash, it can be more dangerous due to the fact that truck drivers are usually higher in their cabs, and have bigger blind areas that are hard to see. A pedestrian injured in a collision with a truck may receive compensation for medical expenses as well as lost earnings, discomfort and pain, and property damage. However, in some cases where the plaintiff is found to be partly at fault for the crash because of their own actions, like not stepping over the left shoulder when a truck started to swerve, they will have their compensation reduced accordingly. It is essential to choose a personal injury lawyer who is experienced and knowledgeable to handle your case. Contact us today to get started.