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Truck Accident Law A truck accident lawyer with expertise in the field has a thorough understanding of the laws that regulate truck drivers and trucking firms. They will look into evidence, like maintenance records of a trucking company which could support a claim of negligence. A NYC truck accident lawyer in NYC can assist you in determining who's at fault for your incident and help you recover your injuries. 1. Fatigued or injured driver The simplest method to determine who is responsible in a collision between the truck and a passenger car is to look at the driver's behavior. A truck accident attorney can utilize surveillance footage and witness testimony to determine which driver at fault. Many places are equipped surveillance cameras, including most intersections and interchanges as as some gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if the driver appeared distracted or inattentive at the time of the incident. In the event of a truck accident, the driver may be fatigued or injured at the time of the accident. A thorough investigation of the driver's logs will reveal if they slept too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and demand sufficient rest breaks. The trucking company may also be held accountable for negligent actions of their employee. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep times and increasing their accident risk may have contributed. If a road with a danger factor caused an accident, the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who is well-versed will identify the person responsible and engage an expert in construction or maintenance with experience to investigate the root of any unsafe conditions in the event of a case. A knowledgeable attorney can identify multiple parties who may be liable, and pursue compensation from each source. 2. Defective Equipment Many truck accidents are caused by faulty equipment, including brakes as well as the coupling system, tires, and cargo restraints. These pieces of equipment are designed to withstand a lot of usage and must be examined and maintained to prevent failure. When something goes wrong, a trucker may be unable to control their vehicle and this could lead to tragic or fatal accidents. Defective truck parts and equipment could be the fault of several different entities, including the trucking company and the manufacturer as well as the repair or parts dealer shop. If an accident occurred as a result of a defective part or piece of equipment, the victim could pursue damages for economic and noneconomic damages. Economic damages could include medical expenses now and in the future, lost income and loss of earning potential. Noneconomic damages include discomfort and pain as well as brain injuries that are traumatic, and emotional anxiety. In certain circumstances, punitive damages may also be available to punish the defendant in order to stop similar negligence from happening in the future. Even with the best efforts of trucking companies and drivers, equipment issues are inevitable. When this happens, it is crucial to identify the responsible parties in order to seek compensation for your losses. If you've been in a truck crash, the experienced attorneys at Burch Law Firm can help. Contact us now to set up a complimentary consultation. Our lawyers will examine your case, identify the responsible parties, and fight to secure the compensation you are entitled to. We can help you obtain compensation for medical expenses as well as lost wages from work, and physical and emotional pain. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are on hand to answer your calls 24 hours a day all week long. 3. Unloading Cargo Unsafely 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. Failure to adhere to these guidelines can lead to serious problems. In a recent research, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the most common reasons for truck accidents. A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be extremely dangerous because the cargo can cause a danger or an obstacle on the road and force motorists to swerve. It could also fall on people walking or riding bikes within the vicinity of trucks. Depending on how the accident occurred, multiple parties may be at fault. If an individual driver was negligent in loading his or her cargo, for instance this person could be held accountable under the legal theory of respondeat superior. However the trucking firm that employs that driver might be also liable because it is liable for the actions of its employees under the principle of vicarious liability. An experienced attorney for accidents involving trucks can make use of police reports and professional investigators to identify the cause of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney can help victims determine who they should file a claim for compensation against. A successful claim may result in a verdict or settlement that provides victims with the funds they require to cover the costs of. 4. Unsafe Road Conditions The drivers and trucking companies have a duty to keep their trucks in good condition, and when they fail to do so it could result in serious accidents. To ensure that trucks operate correctly, mechanical parts are regularly checked and replaced. If redwood city truck accident lawsuit isn't done it results in an unsafe and dangerous road. The conditions of the road and weather can also trigger truck accidents. Due to their massive size, trucks are much more likely to be involved in a crash when they travel in bad weather or on wet roads. Additionally truck drivers are required to follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can travel each day. These regulations are designed to safeguard the public. However, when truckers ignore these rules to meet deadlines or to get more money from employers, they put the public at risk. Potholes and uneven surfaces could cause skidding. Other issues include insufficient lane markings, such as broken or solid lines that confuse drivers about which lane they are in, or merging ramps that aren't long enough for large vehicles to safely change lanes. If a car accident occurs due to road conditions that are poor, the trucking firm or government agency accountable to maintain that road could be held accountable. The party who created the dangerous conditions must be proven to have breached its obligation of care. This could include negligent hiring, vehicle maintenance, and drug testing. California law permits victims to seek damages for medical expenses or lost wages, pain and loss of quality of life. 5. Accidents involving pedestrians Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their own yards. Pedestrians typically have no protection from the massive size and weight of a truck, and can suffer catastrophic and often fatal injuries in these types of crashes. In these cases, a personal injury attorney will seek compensation from any person who was negligent. In some cases, this may be as straightforward as the truck driver who ran through a red light, and then struck the pedestrian, but in others, it could be the trucking company that permitted the trucker to work longer shifts than required by law, or failed to conduct proper maintenance on the vehicle, or conducted an examination of their background which would have revealed a history of unsafe driving habits. Accidents involving pedestrians and trucks tend to be result from the driver's inattention or apathy. While this kind of incident is typical of any car crash, it can be more deadly because truck drivers tend to be higher up in their cabs and have more blind spots which are difficult to spot. A pedestrian injured in a collision with a truck may receive damages for medical expenses, lost earnings, discomfort and pain, and property damage. In some cases, the plaintiff is determined to be partially at fault for the accident because of their own actions (such as not moving over to the left side when the truck started to turn) the amount they receive will be reduced in proportion. This is why it's important to hire a knowledgeable and experienced personal injury attorney to manage your case. Contact us today to get started.