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Truck Accident Law A reputable lawyer for truck accidents is knowledgeable about the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will look into and find evidence, such as maintenance records of the trucking company which could be evidence of negligence. A NYC truck accident lawyer in NYC can assist you in determining who is at fault for your incident and assist you in recovering your injuries. 1. Injured or fatigued Driver The most effective method of determining who is responsible in a collision between the truck and a passenger car is to study the driver's behavior. An attorney for truck accidents can use surveillance footage and witness testimonies to determine the driver responsible. A lot of places have surveillance cameras. This includes the majority of intersections hotels, interchanges gas stations, restaurants and hotels. This evidence can be used by a truck accident lawyer to determine a potential defendant, especially if the driver appeared distracted or inattentive at the time of the accident. In the event of a truck accident the driver might have been fatigued or injured at the time. A thorough examination of the driver's road logs can reveal if they went too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the amount of time truckers can be on the road and require adequate rest breaks. The trucking company may also be held responsible for the negligence of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their sleep and rest times and putting them at risk for accidents could also have contributed to. Government agencies responsible for maintaining roads can also be held liable if a hazardous roadway caused the accident. A seasoned truck accident lawyer can identify the relevant agency and then hire a seasoned construction or maintenance contractor to investigate the cause of the unsafe road, if applicable. A knowledgeable attorney can also determine the various parties that could be responsible and seek compensation from all sources. 2. Defective Equipment Many truck accidents are caused by malfunctioning equipment, like brakes and tires, coupling systems and cargo restraints. These items were designed to withstand heavy usage and must be maintained and repaired to prevent failure. When something goes wrong it could render the driver of a truck unable to control the vehicle and could result in fatal or serious collisions. The problem with defective truck parts and equipment could be the fault of several entities that include the trucking firm as well as the manufacturer and the repair or parts dealer shop. If an accident occurred as a result of a malfunctioning part or piece of equipment, the victim may seek damages for economic and non-economic losses. Economic damages can include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress. In certain cases, punitive damages may be given to penalize the defendant and prevent future negligence. Even with the best efforts of trucking companies and drivers equipment problems are inevitable. When this happens, it's important to determine the liable parties to claim compensation for your losses. The experienced attorneys at Burch law firm can assist those who have been involved in a truck crash. Contact us today to set up an initial consultation for free. Our lawyers will review your case, determine liable parties, and fight to secure 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 across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days, 7 days a weeks to answer your phone. 3. Improperly Loaded Cargo The cargo trucks transport on the roads may seem easy enough, however there are strict regulations that drivers and loaders must follow in terms of stacking and securing their loads. If reading truck accident lawyer don't follow these guidelines, it can cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most common causes of truck accidents. The majority of truck accidents are caused by cargo falling off the truck onto other vehicles or roads. This can be extremely dangerous, as the cargo could cause a danger or an obstacle on the road, and force other drivers to swerve. It could also fall onto pedestrians or riders on bikes within the vicinity of the truck. Based on the circumstances surrounding the incident, there could be multiple parties at fault. If a driver was negligent in loading his or her cargo, for example the driver could be held liable under the legal theory of respondeat superior. However the trucking company that employs that driver might be also liable because it is responsible for the actions of its employees according to the principle of vicarious liability. In cases where an accident happened because of improperly loaded or secured cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was at fault. A Cordisco and SAIL LLC attorney will assist victims to determine the defendants they should pursue a claim for compensation against. A successful claim could result in a settlement or verdict that gives victims the financial assistance they require to recover from their injuries. 4. Unsafe Road Conditions Trucking companies and their drivers have a duty to keep their trucks in good condition, and when they do not, it can lead to serious accidents. To ensure that trucks operate correctly, mechanical components are often inspected and replaced. If this is not done, it could lead to a dangerous and unsafe road. The weather and road conditions can also trigger truck accidents. Because of their size, trucks are more likely to crash in bad conditions and on roads that are wet. In addition, truck drivers are required to follow strict Federal Motor Carrier Safety Administration regulations about how many hours they are allowed to drive in a day. These rules are intended to protect the public, but if truck drivers fail to follow them in order to meet deadlines, or to get more money from their employers, they put the public at risk. Unsafe road conditions could include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues include insufficient lane markings such as broken or solid lane lines that make drivers confused about which lane they're in, and merging ramps for lane switching that are too small for large vehicles to safely switch lanes. If a car accident occurs because of road conditions that are not safe, the trucking firm or government agency accountable to maintain that road could be held liable. The party responsible for creating the dangerous conditions must be proven to have violated its duty of care. This could include negligent hiring or vehicle maintenance, as well as drug testing. California law allows victims to seek damages for medical bills, lost wages, suffering and loss of quality life. 5. Injuries to Pedestrians Truck accidents can be extremely dangerous for pedestrians walking along the streets or within their own yards. Pedestrians typically have no protection from the size and weight of a truck, and could suffer severe injuries, which are often fatal, from these kinds of crashes. In these cases an attorney who is able to handle personal injury will seek to recover compensation from the party who was negligent. In some cases, this may be as simple as the truck driver who ran at a red light and hit the pedestrian, however in others it could be the trucking company who allowed the trucker to work longer hours than permitted by law, did not conduct proper maintenance on the vehicle, or conducted a background check that would have revealed the history of unsafe driving habits. Accidents involving pedestrians and trucks are usually caused by the driver's inattentiveness or apathy. This kind of accident happens frequently in car accidents, but it could be deadly for truck drivers due to the fact that they are higher in the air and have larger blind zones which are difficult to perceive. If a pedestrian is injured in a car accident it is possible to be awarded damages for medical expenses as well as loss of earnings, pain and suffering, and property damage. However, in some cases where the plaintiff is found to be partially at fault for the crash due to their own actions, for example, not moving over to the left shoulder when a truck started to swerve or avert, they may receive compensation that is reduced. It is essential to choose an injury lawyer who is skilled and experienced to handle your case. Contact us today to start.