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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 and trucking firms. They will conduct an investigation to find evidence, like trucking company maintenance records, that may support a claim of negligence. A NYC truck accident lawyer in NYC can help you determine who is responsible for your accident and help you recover your injuries. 1. Fatigued or Injured Driver When a passenger vehicle encounters a truck, the most straightforward way to determine liability is to examine the conduct of the driver and his manner. A truck accident attorney can utilize surveillance footage as well as witness testimony to determine which driver at fault. Many places have surveillance cameras. This includes many intersections, interchanges, hotels gas stations, restaurants and hotels. A skilled truck accident lawyer can make use of this evidence to identify potential defendants, particularly when the driver seemed unobservant or distracted during the time of the accident. In the event of a truck accident the driver might have been injured or fatigued at the time of the incident. The road logs of drivers will show if they had a sleepless night or did not observe the Motor Carrier Safety Regulations, which limit the amount of 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 practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, while reducing their rest and sleep time and increasing their risk of accident, may also have contributed. Government agencies that are responsible for maintaining roads can also be held responsible if a hazardous road contributed to the accident. A knowledgeable truck accident lawyer can identify the responsible agency and employ a competent maintenance or construction contractor to determine the cause of the dangerous condition and if it's applicable. An experienced attorney can identify several parties that could be responsible and seek compensation from every source. 2. Defective Equipment Many truck accidents are caused by malfunctioning equipment, like brakes and tires, coupling systems and cargo restraints. These pieces of equipment were created to withstand the rigors of use and must be maintained and repaired to prevent failure. If something goes wrong, it could make the driver of a truck in a position to control the vehicle and could cause fatal or serious collisions. lynchburg truck accident law firm with defective parts and equipment for trucks could be the responsibility of a variety of entities that include the trucking firm and the manufacturer as well as the parts dealer or repair shop. If an accident occurred because of a malfunctioning part or piece of equipment, the injured party could seek damages for both economic and noneconomic losses. Economic damages can include the current and future medical costs, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering as well as traumatic brain injuries emotional distress. In certain cases, punitive damages may be awarded to penalize the defendant and prevent future negligent behavior. Even with the best efforts by trucking companies and drivers, equipment issues are a given. When this happens, it's important to determine the liable parties to seek compensation for your loss. If you've been in a truck accident and need help from an experienced attorney at the Burch Law Firm can assist. Contact us now to set up a free consultation. Our lawyers will examine your case, find liable parties, and fight to secure the compensation you are entitled to. 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 throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls anytime all week long. 3. Improperly Loaded Cargo Truck drivers and loaders must follow strict guidelines regarding stacking and secure the cargo they transport on the road. Failure to adhere to these guidelines 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 roadways or other vehicles. This can be particularly dangerous because the cargo can cause a danger or an obstacle on the road and force motorists to swerve. It can also fall onto people who are biking or walking near the truck. In the event of the incident, there could be several parties at fault. A driver who was negligent in loading his cargo may be held responsible in the context of the legal theory respondeat superior. However the trucking company that employs the driver could be liable as well, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability. In instances where an accident happened because of improperly loaded or secured cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine what went wrong and who is at fault. A Cordisco and SAIL LLC attorney will assist victims to determine the defendants they should file a claim for compensation against. A successful claim may result in a settlement or verdict that provides victims with the financial assistance they need to recover from the injuries they sustained. 4. Unsafe Road Conditions Trucking companies and their drivers have a responsibility to maintain their trucks in a good working condition, and when they fail to follow this they could cause serious accidents. The majority of trucks have mechanical components that must be inspected and replaced in order for them to function correctly. If this is not done, it could cause a dangerous and unsafe road. Truck crashes can also be caused by hazardous weather and road conditions. Because of their size truck's size, they are more likely to crash in stormy weather and on wet roads. Additionally truck drivers must adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they can drive per day. These rules are designed to protect the public, but when truck drivers do not follow them in order to meet deadlines, or to make more money from their employers, they put the public in danger. Unsafe road conditions can include slick pavement that stops tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues can be due to inadequate lane markings, such as broken or solid lines that confuse drivers regarding which lane they're in, or merging ramps that are too short for large vehicles to safely switch lanes. If a truck accident occurs because of poor roadway conditions the trucking company or the government agency that is responsible for maintaining the road could be held accountable for the accident. The party responsible for creating the dangerous conditions needs to be proven guilty of violating its obligation of care. This can include negligent hiring or vehicle maintenance, as well as testing for drugs. Under California law, the victims may claim compensation for medical expenses or lost income, suffering, and loss of quality of life. 5. Injury to a pedestrian Truck accidents can be extremely dangerous for pedestrians walking along roadways or even in their own backyards. People who walk on foot are usually not protected from the massive size and weight of a truck and they can sustain catastrophic and often fatal injuries in such crashes. In these kinds of cases an attorney for personal injury will seek compensation from any party that was negligent. In some instances, this may be as simple as the truck driver if they ran at a red light and hit the pedestrian, but in others, it could be the trucking firm that allowed the trucker to work longer shifts than allowed by law, did not perform proper maintenance on the vehicle, or conducted an background check which would have revealed the history of unsafe driving habits. Accidents involving pedestrians and trucks are most often result from the driver's inattention or apathy. This kind of accident is common in car accidents, but it could be deadly for truck drivers since they are higher up and have larger blind zones which are difficult to spot. When a pedestrian is injured in a crash involving a truck, they can be awarded damages for medical bills or loss of earnings pain and suffering, as well as 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 or avert, they may receive compensation that is reduced. This is why it is vital to choose an experienced and knowledgeable personal injury attorney to handle your case. Contact us today to start.