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Truck Accident Law A skilled lawyer for truck accidents has in-depth knowledge of the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. They will look into evidence, such as the maintenance records of trucking companies which could support a claim of negligence. A NYC truck accident lawyer can help you determine who is at fault in your case and help you recover for your injuries. 1. Fatigued or injured driver The most efficient method to determine who is responsible in a collision between two vehicles, a truck and a car is to study the driver's behavior. A truck accident lawyer can review surveillance footage and witness statements to determine which driver was responsible for the accident. Many locations are equipped with surveillance cameras, including the majority of intersections and interchanges as well like some hotels, gas stations, restaurants, and other businesses. 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 moment of the accident. In truck accidents the driver might have been injured or fatigued at the time of the accident. The road logs of the drivers could reveal if they were sleeping too much or didn't follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road. The trucking company could be held responsible for the negligent actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep hours and thereby increasing their risk of being injured, may also have contributed. Government agencies responsible for maintaining roads may also be liable if a hazardous roadway contributed to the accident. A seasoned truck accident lawyer will identify the relevant agency and employ a competent maintenance or construction contractor to determine the cause of the unsafe situation and, if appropriate, to determine the cause. longview truck accident lawyer can identify several parties that could be responsible and seek compensation from every source. 2. Defective Equipment Many truck accidents occur as a result of defective equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand a lot of wear and tear and should be 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 may result in serious or fatal collisions. Damaged truck parts and equipment could be the responsibility of a number of entities, including the trucking company and the manufacturer as well as the parts dealer or repair shop. If an accident occurs as a result of an equipment or component the injured party may claim damages for both economic and noneconomic losses. Economic damages can include medical expenses at present and in the future, loss of income and the loss of earning potential. Noneconomic damages include pain and suffering and brain injuries that are traumatic, and emotional distress. In certain cases punitive damages could be available to punish the defendant in order to prevent similar wrongful acts from occurring in the future. Even with the best efforts by trucking companies and drivers equipment issues are bound to happen. When this happens, it's important to determine the liable parties in order to pursue compensation for your loss. If you've been in a collision with a truck, the experienced attorneys at Burch Law Firm are able to assist. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will examine your case, determine liable parties and fight to obtain the compensation you are entitled to. We can assist you in recovering compensation for medical expenses or lost wages from work as well as physical and mental suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls 24 hours a day and seven days a semaine. 3. Unloading Cargo in a way that isn't safe Loaders and drivers of trucks must adhere to strict guidelines when it comes to stacking and securing cargo they transport on the road. If they don't follow these guidelines, it can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents. A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or onto the road. This can be particularly dangerous, as the cargo could create a risk or a problem on the road and cause other drivers to slow down. It could also fall on pedestrians who are cycling or walking near the truck. In the event of the incident, there could be multiple parties at fault. If a driver was negligent while loading their cargo, for example, that person might be held liable under the legal doctrine of respondeat superior. The trucking company who employed the driver could also be held accountable, as it is responsible for the actions of its employees in accordance with the principle of vicarious liability. In cases in which accidents occur due to unsecurely loaded or secured cargo, a seasoned truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who was at fault. An attorney from Cordisco and Saile LLC may help victims determine the appropriate defendants to bring a lawsuit against for compensation for their losses. A successful case could result in a verdict or settlement that can provide victims with the money they require to recuperate. 4. Unsafe Road Conditions The drivers and trucking companies are required to keep their vehicles in good condition, and when they fail to do so, it can 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 is not done, it could result in a dangerous, unsafe road. Truck crashes can also be caused by hazardous weather and road conditions. Due to their size, trucks are more likely to crash in stormy weather conditions and on roads with a lot of water. In addition, truck drivers are required to adhere to 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 them to meet deadlines or to earn more cash from employers, they place the public at risk. Unsafe road conditions include slippery pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues include insufficient lane markings like broken or solid lane lines that cause confusion for drivers about which lane they're on, and merging lane ramps that are too small for larger vehicles to safely change lanes. If a truck crash occurs due to poor road conditions the trucking company or government agency accountable to maintain the road could be held accountable. The party responsible for creating the unsafe conditions has to be proven guilty of breaching its duty of care. This could be due to negligent hiring, vehicle maintenance, and drug testing. Under California law, the victims may seek compensation for medical bills, lost income, suffering and loss of quality of life. 5. Injuries to Pedestrians Truck accidents can be extremely hazardous for pedestrians walking along roads or in their own backyards. The pedestrians aren't always protected from the weight and size of a truck and can be severely injured or killed. In these types of situations the personal injury attorney will seek compensation from any party who was negligent. In some cases it could be as simple as the truck driver if they ran through a red light, and then struck the pedestrian, but in other instances, it could be the trucking firm that allowed the trucker to work longer hours than permitted by law, or failed to take care of the vehicle, or even conducted an investigation into the background of the driver that could have revealed the history of unsafe driving habits. Accidents involving trucks and pedestrians tend to be caused by drivers' inattention or apathy. While this kind of incident is typical of any car accident, it can be more fatal due to the fact that truck drivers are usually higher up in their cabs and have larger blind spots that are hard to see. A pedestrian who is injured in a truck crash can receive damages for medical expenses, lost earnings, pain and discomfort, and property damage. In some cases, the plaintiff is found to be partially responsible for the accident because of their own actions (such as not stepping over to the left side when the truck began to slow down) their compensation could be reduced in proportion. It is important to select a personal injury lawyer that is experienced and knowledgeable to manage your case. Contact us today to begin.