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Truck Accident Law A lawyer for truck accidents who has expertise in the field has a deep understanding of the laws that regulate truck drivers and trucking companies. They will conduct an investigation and discover evidence such as the 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's at fault in your case and help you recover your injuries. 1. Fatigued or Injured Driver The most effective method of determining who is at fault in a collision between two vehicles, a truck and a vehicle is to scrutinize the behavior of the driver. A truck accident attorney can use surveillance footage and witness testimony to determine the driver who is at fault. Many locations have surveillance cameras. This includes most intersections hotels, interchanges gas stations, restaurants and hotels. A skilled truck accident lawyer can make use of this evidence to identify potential defendants, especially when the driver was unobservant or distracted at the time of the accident. In the case of truck accidents it is also possible that a driver was tired or injured during the time of the accident. A thorough review of the driver's track logs can reveal if they went too long without sleeping or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and demand adequate rest breaks. The trucking company could also be held accountable for negligence of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep hours and increasing their accident risk could also have contributed to. If a dangerous road contributed to an accident, the government agency accountable for maintaining it may be held accountable. A truck accident lawyer who has experience will identify the person responsible and then a contractor for construction or maintenance who is experienced to investigate the root of any unsafe conditions, if applicable. A knowledgeable attorney can also determine which parties could be liable and seek compensation from all sources. 2. Defective Equipment Many truck accidents are the result of defective equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to withstand a lot of usage and must be examined, maintained, and repaired to avoid failure. If something goes wrong, the trucker might not be able to control their vehicle and it could cause tragic or fatal accidents. The trucking company, manufacturer or parts dealer, or repair shop can all be held accountable for malfunctioning truck parts and equipment. If an accident occurred as a result of a malfunctioning part or piece of equipment, the victim could seek compensation for economic and non-economic losses. Economic damages are a combination of future and present medical expenses loss of income, loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic and emotional distress. In some cases, punitive damages may also be available to punish the defendant in order to prevent similar wrongful acts from occurring in the future. Despite the best efforts of trucking companies and drivers, equipment malfunctions are a given. It is essential to identify the parties accountable in order to seek compensation for your loss. The highly skilled attorneys at the Burch law firm can help you if you have been involved in a car accident. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will analyze the case, identify the responsible parties, and fight for the compensation you're entitled to. We can assist you in obtaining compensation for medical bills or lost wages from work and emotional and physical suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours per day, 7 days a weeks to take your call. 3. Unproperly Loaded Cargo Loaders and drivers of trucks must adhere to strict regulations in stacking and securing cargo they transport on the roads. If they don't follow these guidelines, it can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the most common reasons for truck accidents. The majority of these truck crashes result from cargo falling off the truck onto other vehicles or roadways. This is especially dangerous since the cargo may create a hazard or obstacle on the road and force other drivers to swerve. It can also fall onto people who are cycling or walking within the vicinity of the truck. Based on the circumstances of the incident, there could be multiple parties to blame. If a driver was negligent while loading their cargo, for instance it could be held liable under the legal principle of respondeat superior. However north las vegas truck wreck lawyer that employs that driver might be liable as well, because it is liable for the actions of its employees according to the principle of vicarious liability. In cases in which an accident was caused by unsecurely loaded or secured cargo, a skilled truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was at fault. A Cordisco and SAIL LLC lawyer will assist victims to determine which defendants they should make a claim for compensation against. A successful claim may result in a settlement or verdict which gives victims the financial assistance they require to recover from their injuries. 4. Unsafe Road Conditions Trucking companies, as as their drivers, have the responsibility of keeping their trucks in good working condition. Failure to do this could lead to serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced in order for they to function properly. If this is not done, it could result in a dangerous and unsafe road. The cause of truck crashes is caused by dangerous weather or road conditions. Because of their size trucks are more likely to be involved in crashes during bad weather and on wet roads. Additionally truck drivers must 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. However truckers disregard these rules to meet deadlines or to earn more cash from employers, they place the public at risk. Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings, such as broken or solid lane lines that cause confusion for drivers about which lane they're on, and merging ramps for lane switching that are too small for large vehicles to safely switch lanes. If a car accident occurs because of poor roadway conditions the trucking company or government agency responsible for maintaining that road may be held liable for the occurrence. The person who caused the dangerous conditions needs to be proven to have breached its duty of care. This can include negligent hiring, vehicle maintenance, and drug testing. California law permits victims to recover damages for medical expenses as well as lost wages, suffering and loss of quality life. 5. Accidents involving pedestrians Truck accidents pose a risk to pedestrians walking along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck and could suffer catastrophic or fatal injuries. In these types of cases an attorney for personal injury will seek compensation from any party that was negligent. In some instances the responsible party could be the driver of the truck who crossed a red light and struck the pedestrian. In other instances it could be a trucking firm that allowed the trucker to work longer than the law allows or failed to maintain the vehicle properly. Accidents involving pedestrians and trucks are most often caused by the driver's inattentiveness or apathy. While this type of accident is not uncommon in any car accident, it can be more fatal due to the fact that truck drivers are typically higher in their cabs, and have bigger blind spots that are difficult to see. If a pedestrian is injured in a car accident it is possible to be awarded damages for medical expenses or loss of earnings pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partially responsible for the crash because of their own actions, for example, failing to move over to the left shoulder when a truck started to swerve, they can have their compensation reduced accordingly. This is why it is crucial that you retain a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to start.