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Truck Accident Law A competent truck accident lawyer is knowledgeable about the trucking industry, including specific laws that govern truck drivers and trucking companies. They will look into and find evidence such as maintenance records of the trucking company that could support a negligence claim. A NYC truck accident lawyer can help you determine who is at fault in your case and assist you in recovering your injuries. 1. Driver injured or fatigued The easiest way to determine who is at fault in a collision between a truck and a passenger vehicle is to scrutinize the driver's behavior. A truck accident lawyer will review surveillance footage and witness statements to determine the driver who was at fault. Many locations are equipped with surveillance cameras, including the majority of intersections and interchanges as well like some hotels, gas stations restaurants, and other establishments. A skilled lawyer for truck accidents could use this evidence to identify the potential defendant, particularly when the driver seemed unobservant or distracted during the time of the accident. In the event of a truck crash it could be that the driver was tired or injured at the time of the crash. A thorough analysis of the driver's road logs can reveal whether they slept too long without sleeping or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can be on the road and require regular 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 as long as they can, which in turn reduces their sleep and rest times and increasing their risk of accident, may also have contributed. The government agencies that maintain roads can also be held accountable if a dangerous road contributed to the accident. A truck accident lawyer who is experienced can identify the responsible agency and hire a construction or maintenance contractor with experience to look into the root of any unsafe conditions or other unsafe conditions, if applicable. A seasoned attorney can identify multiple parties that may be liable and seek compensation from all sources. 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 rigorous use and should be checked, maintained, and repaired to prevent failure. When something goes wrong a trucker may be unable to control their vehicle, and it could cause serious or fatal accidents. Defective truck parts and equipment may be the fault of several different entities that include the trucking firm, the manufacturer, and the parts dealer or repair shop. If an accident occurs because of a defective piece of equipment or a part, the injured party can claim damages for both economic and non-economic damages. Economic damages are a combination of future and current medical expenses lost income, loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress. In certain instances, punitive damages can be awarded to punish the defendant and stop future negligence. Despite the best efforts by trucking companies and drivers, equipment issues are inevitable. It is important to identify the responsible parties in order to pursue compensation for your loss. The experienced attorneys at Burch law firm can help you if you have been involved in a car accident. Call us today to arrange an initial consultation for free. Our lawyers will evaluate your case, find liable parties and fight to get the compensation you're entitled to. We can assist you in recovering compensation for medical bills and lost wages at work as well as physical and emotional suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available to take your calls 24 hours a day, seven days a week. 3. Unproperly Loaded Cargo The cargo trucks transport on the roads may seem straightforward enough, but there are strict regulations that loaders and drivers must adhere to when stacking and secure their loads. Failure to follow these guidelines can cause serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading reasons for truck accidents. Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This is especially risky since the cargo could cause an obstacle or hazard on the road, causing motorists to swerve or smash into it. It could also fall onto people walking or riding bikes in the vicinity of a truck. Depending on the circumstances of the accident, there may be several parties at fault. If a driver was negligent in loading his or her cargo, for example, that person might be held accountable according to the legal theory of respondeat superior. The trucking company that employed the driver could also be held accountable in the sense that it is accountable for the actions of its employees under the principle vicarious responsibility. bend truck accident law firm for accidents involving trucks can make use of police reports and professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants they should make a claim for compensation against. A successful claim may result in a settlement or verdict which provides victims with the financial assistance they need to recover from their injuries. 4. Unsafe Road Conditions Trucking companies, as well their drivers, also have a responsibility to maintain their trucks in a good working order. Failure to do so can lead to serious accidents. Trucks often have mechanical parts which need to be inspected and replaced to allow them to function correctly. If this is not done, it could lead to a dangerous and unsafe road. Truck accidents can also be caused by dangerous weather or road conditions. Due to their size, trucks are more likely to be involved in accidents during stormy weather and on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the hours they are permitted to drive each day. These rules are designed to protect the public, but when truck drivers do not follow them to meet deadlines or get more money from their employers, they put the public at risk. Potholes and uneven surfaces could cause skidding. Other issues include insufficient markings for lane lines, like broken or solid lines that confuse the driver regarding which lane they're in, and merging ramps that are not long enough for large vehicles to safely change lanes. If a truck accident happens due to poor road conditions the trucking company or government agency accountable to maintain that road may be held accountable. It is imperative to prove that the person in question violated their duty of care by creating hazardous conditions, and this can include negligent hiring or maintenance of the vehicle, or drug testing. California law permits victims to recover damages for medical expenses as well as lost wages, suffering and loss of quality of life. 5. Injuries to Pedestrians Truck accidents can be extremely dangerous for pedestrians walking along the streets or in their own yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and can suffer catastrophic or fatal injuries. In these instances, an attorney for personal injury will seek to recover compensation from the responsible party. In some cases, this may be as easy 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 company who allowed the trucker longer shifts than allowed by law, or failed to take care of the vehicle, or conducted an background check which would have revealed a history of unsafe driving behavior. Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is very common in car accidents, but it could be deadly for truck drivers due to the fact that they are higher and have greater blind zones which are difficult to perceive. When a pedestrian is injured in a truck accident and is injured, they may be awarded damages for medical bills, loss of earnings, injuries and suffering, as well as property damage. In some cases, if the plaintiff is found partially at fault for the incident because of their own actions (such as not transferring to the left side when the truck started to slow down) their compensation could be reduced accordingly. This is why it's essential to retain a knowledgeable and experienced personal injury lawyer to handle your case. Contact us now to get started.