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Truck Accident Law A competent truck accident lawyer is knowledgeable about the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will investigate and uncover evidence, such as maintenance records of the trucking company that could be evidence of negligence. A NYC truck accident lawyer can assist you in determining who's at fault in your case and help you recover for your injuries. 1. Injured or fatigued Driver When a vehicle driven by a person encounters a truck, the most straightforward method to determine the liability is to look at the driver's actions and demeanor. A lawyer for truck accidents can review the footage of surveillance and witness testimony to determine which driver was at fault. Many places are equipped surveillance cameras, including most intersections and interchanges as like certain gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck wreck lawyer to identify a possible defendant, particularly if a driver was distracted or unobservant at the time of the incident. In truck accidents the driver may have been injured or fatigued at the time of the incident. The road logs of the drivers could reveal if they were sleeping too much or did not observe the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road. The trucking company can also be held responsible for the negligence of their employees. A negligent hiring or training method could have contributed to the accident, as could policies that encourage drivers to remain on the road for as long as they can, minimizing their rest and sleep time, and thereby increasing the chance of being involved in an accident. If a road with a danger factor caused an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who is knowledgeable can identify the agency responsible and engage a construction or maintenance contractor who has experience to determine the root of any unsafe conditions, 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 brakes and tires, coupling systems and cargo restraints. These equipments are designed to withstand a lot of use, and must be inspected, maintained, and repaired to avoid failure. When something goes wrong, it can leave the driver of a truck in a position to control the vehicle and could result in fatal or serious collisions. The problem with defective truck parts and equipment can be the responsibility of several different entities that include the trucking firm and 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 financial and noneconomic losses. Economic damages can include current and future medical expenses, lost income, and loss of earning capacity. Noneconomic damages may include discomfort and pain and brain injuries that cause trauma and emotional anxiety. In certain instances, punitive damages are given to punish the defendant and to prevent future negligence. Despite the best efforts of trucking companies and their drivers, certain equipment problems are inevitable. If this happens, it's crucial to identify the responsible parties so that you can pursue compensation for your losses. If you've been involved in a collision with a truck, the experienced attorneys at Burch Law Firm are able to help. Contact us today for a complimentary consultation. Our lawyers will examine the case, identify the responsible parties, and fight for the compensation you're due. We can help you obtain compensation for medical expenses as well as lost wages and physical or emotional pain. chino truck accident lawyer handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day, 7 days a weeks to take your call. 3. Unloading Cargo in a way that isn't safe The cargo trucks carry on the roads may seem easy enough, but there are strict rules that drivers and loaders must follow in terms of stacking and secure their loads. Infractions to these rules can cause serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the main reasons for truck accidents. The majority of these truck crashes are caused by cargo falling from the vehicle onto roadways or other vehicles. This can be particularly dangerous since the cargo may create a hazard or obstacle on the road, and force other drivers to slow down. It may also fall onto pedestrians or riders on bicycles in the vicinity of trucks. Depending on the way in which the accident took place, a variety of parties could be at fault. A driver who was negligent when loading his cargo may be held liable under the legal theory of respondeat superior. However, the trucking company that employs the driver could be equally liable, since it is accountable for the actions of its employees under the principle of vicarious liability. In cases where an accident occurred due to unsecurely loaded or secured cargo, an experienced truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who is at fault. A Cordisco and SAIL LLC lawyer will assist victims to determine who they should pursue a claim for compensation against. A successful claim can result in a settlement or a verdict that gives victims the financial assistance they require to recover from the injuries they sustained. 4. Unsafe Road Conditions Companies that operate trucks, as well as their drivers, have an obligation to keep their trucks in good working order. In the absence of this, it could lead to serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow them to work correctly. If this isn't done, the result is an unsafe and hazardous road. Truck accidents can also be caused by hazardous weather and road conditions. Due to their size, trucks are more likely to crash in bad weather conditions and on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they are permitted to drive each day. These regulations are designed to protect the public, but if truck drivers do not follow them in order to meet deadlines, or to make more money from their employers, it puts the public in danger. Unsafe road conditions can include slick roads that hinder tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues can be due to inadequate markings for lane, such as solid or broken lines that confuse the driver on which lane they're in, and merging ramps that are not long enough 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 that has the responsibility to maintain the road could be held responsible. The person responsible for causing the unsafe conditions has to be proven to have violated its obligation of care. This could be due to negligent hiring or maintenance of vehicles, as well as testing for drugs. California law allows victims to seek damages for medical bills as well as lost wages, suffering and loss of quality of life. 5. Injuries to Pedestrians Truck accidents pose a risk to pedestrians who are walking along the roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and could be severely injured or killed. In these situations, an attorney for personal injury will seek to recover compensation from the negligent party. In some cases it could be as straightforward as the truck driver if they ran through a red light, and then struck the pedestrian, however in other cases it could be the trucking firm that allowed the trucker longer hours than permitted by law, failed to conduct proper maintenance on the vehicle, or conducted a background check which would have revealed an occurrence of unsafe driving behavior. Distraction or inattention are two of the most frequent causes of accidents involving pedestrians and trucks. While this type of accident is common with any car accident, it could be more deadly because truck drivers tend to be higher up in their cabs. They also have bigger blind spots that are hard to see. A pedestrian who is injured in a crash with a truck can be awarded compensation for medical expenses and lost earnings, as well as discomfort and pain, as well as property damage. In some cases, the plaintiff is found partially at fault for the accident due to their own actions (such as not turning over to the left side when the truck started to slow down) their compensation could be reduced accordingly. It is essential to choose an injury lawyer who is knowledgeable and experienced to handle your case. Contact us now to get started.