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Truck Accident Law A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will look into evidence, such as the maintenance records of trucking companies which may be evidence to support a claim 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 for your injuries. 1. Driver injured or fatigued The simplest method to determine who is at fault in a collision between a truck and a passenger car is to study the driver's behavior. A truck accident attorney can use surveillance footage and witness testimony to determine which driver responsible. There are many places with surveillance cameras. This includes the majority of intersections, interchanges, hotels gas stations, restaurants and hotels. A skilled truck accident lawyer can use this evidence in order to identify potential defendants, particularly when the driver seemed unobservant or distracted during the time of the accident. In the event of a truck crash, it is also possible that a driver was tired or injured at the time of the accident. The road logs of the drivers will 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 could also be held accountable for the negligent actions of their employees. south carolina truck accident lawyer hiring procedure 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 times and increasing their risk of accident could have also contributed. If a hazardous road contributed to an accident, the government agency that is responsible for maintaining it could be held accountable. A knowledgeable truck accident lawyer can identify the relevant agency and hire an experienced maintenance or construction contractor to examine the root of the unsafe road and, if appropriate, to determine the cause. An experienced lawyer can identify various parties who could be accountable, and seek compensation from each source. 2. Defective Equipment Many truck accidents are caused by defective equipment, including the brakes and tires, coupling systems and cargo restraints. These pieces of equipment were created to withstand heavy use and must be maintained and repaired to prevent failure. When something goes wrong, a trucker may be unable to control their vehicle and this can lead to serious or fatal accidents. The trucking company, manufacturer, parts dealer or repair shop could all be responsible for defective truck parts and equipment. If an accident occurred as a result of a defect in a component or piece of equipment, the victim could seek compensation for economic and noneconomic damages. Economic damages are a combination of the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress, and traumatic brain injury. In certain circumstances, punitive damages can be awarded to punish the defendant and prevent future negligence. Despite the best efforts by trucking companies and drivers equipment problems are a given. It is essential to identify the parties responsible in order to pursue compensation for your loss. If you've been in a truck accident and need help from an experienced attorney at Burch Law Firm are able to assist. Contact us today for a free consultation. Our lawyers will analyze the case, find responsible parties and fight for the compensation you're entitled to. We can assist you in obtaining compensation to pay medical bills loss of wages, physical or mental suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours a days, 7 days a weeks to take your call. 3. Unloading Cargo in a way that isn't safe The cargo trucks transport on the road might seem easy enough, but there are strict guidelines that drivers and loaders must adhere to when stacking and securing their loads. Infractions to these rules can cause serious problems. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading reasons for truck accidents. The majority of truck accidents result from cargo falling from the vehicle onto roads or other vehicles. This can be especially dangerous since the cargo could cause an obstacle or create a danger on the road, forcing other drivers to slow down or crash into it. It may also fall onto people walking or riding bikes in the vicinity of trucks. Depending on how the accident was triggered, several parties could be at fault. A driver who was negligent in loading his cargo may be held responsible under the legal theory of respondeat superior. However the trucking firm that employs that driver might be liable as well, since it is accountable for the actions of its employees based on the principle of vicarious liability. In the event that an accident occurred due to improperly loaded or secured cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was responsible. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to make a claim against to seek compensation for their losses. A successful claim can result in a verdict or settlement which will give victims the financial assistance they require to recuperate. 4. Unsafe Road Conditions Trucking companies and their drivers are required to keep their trucks in good condition. If they fail to do so it could result in serious accidents. To ensure that the trucks are operating properly, mechanical parts are frequently checked and replaced. If this isn't done it results in dangerous and unsafe roads. Truck crashes can also be caused by dangerous weather or road conditions. Because of their size trucks are more prone to crash in bad weather and on wet roads. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These regulations are designed to protect the public, but if truck drivers ignore them to meet deadlines or to make more money from their employers, it puts the public at risk. Unsafe road conditions can include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other issues could be caused by inadequate markings for lane lines, like solid or broken lines that confuse the driver on which lane they're in, or merging ramps that are not long enough for large vehicles to safely change lanes. If a truck accident occurs because of road conditions that are not safe the trucking company or government agency that has the responsibility to maintain the road could be held accountable. The party responsible for creating the dangerous conditions needs to be proven guilty of breaching its duty of care. This can include negligent hiring, vehicle maintenance, and drug testing. California law permits victims to recover damages for medical expenses, lost wages, suffering and loss of quality of life. 5. Pedestrian injuries Truck accidents can be extremely dangerous for pedestrians walking along roads or within their own yards. Most pedestrians don't have protection from the enormous size and weight of a truck and they can sustain catastrophic and often fatal injuries in these kinds of accidents. In these cases, an attorney for personal injury will seek compensation from the responsible party. In some instances the negligent party could be the driver of the truck who ran a red flag and struck a pedestrian. However, in other cases, it could be a trucking firm that allowed the trucker to work longer than the time allowed by law, or failed to maintain the vehicle in a proper manner. Distraction or inattention are the most common causes of accidents involving trucks and pedestrians. This kind of accident is very common in car accidents, but it can be deadly for truck drivers as they are higher and have a larger blind zone which are difficult to perceive. If a pedestrian gets injured in a truck accident the pedestrian may be awarded compensation for medical expenses as well as loss of earnings, suffering and property damage. In some instances, the plaintiff is found partially accountable for the incident due to their own actions (such as not transferring to the left side when the truck started to accelerate) their compensation could be reduced in proportion. It is important to hire an injury lawyer who is experienced and knowledgeable to handle your case. Contact us today to get started.