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Truck Accident Law A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will investigate to uncover evidence, including maintenance records for trucking companies which may be evidence to be used to prove negligence. A NYC truck accident lawyer in NYC can assist you in determining who's at fault for your incident and help you recover your injuries. 1. Driver injured or fatigued When a vehicle driven by a person collides with a truck, the easiest way to determine liability is to scrutinize the conduct of the driver and his manner. An attorney for truck accidents can utilize surveillance footage and witness testimonies to determine the driver at fault. A lot of places are equipped with surveillance cameras, including most interchanges and intersections as well as some gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck crash lawyer to determine a potential defendant, particularly if the driver was distracted or not paying attention at the moment of the accident. In the event of a truck crash it is also possible that a driver was fatigued or even injured during the time of the crash. The road logs of the drivers can reveal whether they had a sleepless night or did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road. The trucking company could also be held responsible for the reckless actions of their employees. A negligent hiring procedure or training policy could have contributed to the accident. sandy springs truck accident attorney that encourage drivers to drive as long as they can, thus reducing their rest and sleep time and putting them at risk for accidents could also have contributed to. If a hazardous road resulted in an accident, the government agency responsible for its maintenance can be held accountable. A knowledgeable lawyer for truck accidents can identify the responsible agency and hire an experienced maintenance or construction contractor to examine the root of the unsafe road, if applicable. A knowledgeable attorney can identify various parties who could be liable, and pursue compensation from every source. 2. Defective Equipment Many truck accidents are caused by malfunctioning equipment, including the brakes and tires, coupling systems, and cargo restraints. These items were designed to withstand heavy usage and must be maintained and repaired to avoid failure. When something goes wrong truckers may not be able to control their vehicle, and it could cause fatal or serious accidents. The problem with defective parts and equipment for trucks could be the responsibility of a variety of entities that include the trucking firm, the manufacturer, and the parts dealer or repair shop. If an accident happened because of a malfunctioning part or piece of equipment, the injured party could pursue damages for economic and non-economic losses. Economic damages may include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages can include pain and discomfort or traumatic brain injuries and emotional anxiety. In certain circumstances, punitive damages can be given to punish the defendant and prevent future recklessness. Despite the best efforts of trucking companies and their drivers, some equipment issues are inevitable. When this happens, it is important to determine the liable parties to claim compensation for your loss. If you've been involved in a truck crash the skilled attorneys at the Burch Law firm can assist. Call us today to arrange a free consultation. Our lawyers will review the case, identify the responsible parties, and fight for the compensation you deserve. We can help you recover the amount you need to pay for medical bills loss of wages, physical or emotional pain. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day, 7 days a weeks to answer your phone. 3. Improperly loaded Cargo The cargo trucks carry on the road may seem straightforward enough, but there are strict guidelines that loaders and drivers must adhere to when stacking and securing their loads. Failure to follow these guidelines could result in serious issues. In a recent research, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the leading causes of truck accidents. The majority of these truck crashes result from cargo falling from the vehicle onto roads or other vehicles. This can be particularly risky because the cargo could create an obstruction or create a risk on the road, forcing other drivers to swerve or smash into it. It can also fall onto people who are walking or riding a bicycle within the vicinity of the truck. Based on the manner in which the incident occurred, multiple parties may be at fault. A driver who was negligent while loading his or her cargo could be held responsible in the context of the legal theory respondeat superior. The trucking company employing that driver could also be held accountable for the negligence of its employees, since it is responsible for its employees' actions in accordance with the principle of vicarious liability. An experienced attorney for accidents involving trucks will use police reports as well as professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants they should submit a claim to compensation against. A successful claim may result in a settlement or verdict that provides victims with the financial support they require to recover from the injuries they sustained. 4. Unsafe Road Conditions The trucking companies, as well their drivers, also have the obligation of keeping their trucks in good working order. Failure to do so can result in serious accidents. Trucks are often equipped with mechanical parts that require to be examined and replaced in order for them to function properly. If this isn't done, it can result in a dangerous and unsafe road. The road and weather conditions can also lead to truck crashes. Due to their size trucks are more prone to be involved in crashes during bad weather and on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of time they are permitted to drive each day. These rules are intended to safeguard the public. However truckers disregard these rules to meet deadlines or to make more money from 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 which lane they're in, and merging lane ramps that are too small for large vehicles to safely change lanes. If a car accident occurs due to poor road conditions, the trucking company, or the government agency that is responsible for maintaining the road could be liable for the occurrence. It is imperative to prove that the party responsible for the incident violated their obligation of care by creating dangerous conditions. This can be a result of negligent hiring and maintenance of the vehicle, and drug screenings. In accordance with California law, victims can seek compensation for medical bills, lost income, suffering and loss of quality of life. 5. Accidents involving pedestrians Truck accidents are dangerous for pedestrians on the streets or even in their yards. People walking on foot are not always protected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries. In these instances an attorney for personal injury will seek compensation from the party who was negligent. In some cases it could be as simple as the truck driver who ran at a red light and hit the pedestrian, but in others it could be the trucking company who allowed the trucker to work longer shifts than allowed by law, failed to conduct proper maintenance on the vehicle, or conducted an examination of their background which would have revealed the history of unsafe driving habits. Distraction or inattention are two of the most common causes of accidents involving trucks and pedestrians. This kind of accident happens frequently in car accidents, but it can be deadly for truck drivers due to the fact that they are higher and have more blind zones that are difficult to discern. If a pedestrian is injured in a truck accident the pedestrian may be awarded damages for medical bills as well as loss of earnings, pain and suffering, as well as property damage. In some instances, the plaintiff is determined 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) the amount they receive will be reduced according to. It is important to hire a personal injury lawyer who is skilled and experienced to handle your case. Contact us now to get started.