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Truck Accident Law A reputable lawyer for truck accidents is knowledgeable about the trucking industry, as well as the specific laws that govern truck drivers and trucking companies. They will investigate and uncover evidence like maintenance records of the trucking company that may prove negligence. A NYC truck accident lawyer in NYC can assist you in determining who is at fault in your case and assist you in recovering your injuries. 1. Fatigued or injured driver When a passenger vehicle encounters a truck, the easiest way to determine who is at fault is to look at the driver's actions and mannerisms. A truck accident lawyer can utilize surveillance footage and witness testimony to determine the driver responsible. Many locations are equipped with surveillance cameras, including most intersections and interchanges as well as some gas stations, hotels, restaurants, and other businesses. A skilled truck accident lawyer can make use of this evidence to identify potential defendants, particularly when the driver seemed unobservant or distracted at the time of the crash. In the case of truck accidents it is also possible that the driver was fatigued or even injured at the time of the crash. The road logs of drivers will reveal if they slept insufficiently or did not observe the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road. The trucking firm could be held accountable for the negligent actions of their employee. A negligent hiring or training method might have contributed to the accident, as could policies that encourage drivers to stay on the road for as long as is possible by limiting their rest and sleep time and increasing their chance of being involved in an accident. Government agencies responsible for maintaining roads may also be accountable if a road that is unsafe contributed to the accident. A skilled truck accident lawyer will identify the relevant agency and enlist a skilled maintenance or construction contractor to investigate the cause of the dangerous condition and, if appropriate, to determine the cause. An experienced attorney can pinpoint multiple parties who may be accountable, and seek compensation from each source. 2. Defective Equipment Many truck accidents occur because of faulty equipment. This includes tires, brakes and cargo restraints. These items were designed to withstand heavy use and should be maintained and repaired to prevent failure. When something goes wrong it could render the driver of a truck unable to control the vehicle and may cause fatal or serious collisions. The trucking company, manufacturer, parts dealer or repair shop can all be accountable for the malfunction of truck parts and equipment. If an accident took place because of a defective part or piece of equipment, the injured person may seek damages for economic and non-economic losses. Economic damages can include the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages can include discomfort and pain and brain injuries that cause trauma and emotional anxiety. In some cases punitive damages may be given to punish the defendant and prevent future mistakes. Despite the best efforts of trucking companies and drivers, equipment issues will always occur. If this happens, it is crucial to identify the responsible parties so that you can pursue compensation for your losses. If you've been injured in a truck crash the skilled attorneys at the Burch Law firm can assist. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will examine the case, find responsible parties and fight for the compensation you're due. We can assist you in recovering compensation for medical bills, lost work wages, as well as physical and mental suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available to take your calls all day, seven days a week. 3. Unloading Cargo Improperly Drivers and loaders of trucks must adhere to strict regulations in stacking and secure the cargo they transport on the road. Failure to follow these guidelines can cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most frequent causes of truck accidents. Most of these truck accidents are caused by cargo falling from the vehicle onto roads or other vehicles. This is especially dangerous because the cargo can create a risk or a problem on the road and cause other drivers to slow down. It could also fall onto people who are walking or riding a bike in the vicinity of trucks. Based on the manner in which the incident occurred, a number of parties could be responsible. A driver who was negligent in loading his or her cargo might be held liable according to the legal doctrine of respondeat superior. However the trucking company that employs that driver might be equally liable, because it is liable for the actions of its employees according to the principle of vicarious liability. An experienced attorney for accidents involving trucks can use police reports and professional investigators to identify the cause of an accident that was caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC can help victims identify the right defendants to file a claim against for compensation for their loss. A successful claim could result in a settlement or a verdict which gives victims the financial assistance they require to recover from the injuries they sustained. 4. Road conditions that are unsafe Trucking companies, as well as their drivers, have the obligation of keeping their vehicles in good working condition. Failure to do this can lead to serious accidents. To ensure that trucks function correctly, mechanical parts are often checked and replaced. If this is not done, it can result in a dangerous and unsafe road. The weather and road conditions can also lead to truck crashes. Because of their size trucks are more likely to be involved in accidents during stormy conditions and on roads that are wet. Truck drivers must also follow strict Federal Motor Carrier Safety Administration rules about the amount of hours they are allowed to drive in a day. These rules are intended to protect the public. However, when rockford truck accident lawyer ignore these rules in order to meet deadlines, or to make more money from employers, they place the public at risk. Unsafe road conditions include slick pavement that stops tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include insufficient lane markings, such as broken or solid lines of lane that confuse drivers about what lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes. If a car accident occurs due to road conditions that are not safe, the trucking company, or the government agency responsible for maintaining that road could be held responsible for the incident. The party who created the dangerous conditions needs to be proven guilty of breaching its duty of care. This could include negligent hiring or maintenance of vehicles, as well as drug testing. California law permits victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality of life. 5. Injuries to Pedestrians Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. Pedestrians are often not protected from the weight and size of a vehicle and can suffer catastrophic or fatal injuries. In these cases the personal injury attorney will seek compensation from any person who was negligent. In some instances the party who was negligent could be the driver of the truck who ran a red flag and struck the pedestrian. But in other cases it could be a trucking company that allowed the trucker to work longer than the law allowed or did not maintain the vehicle properly. Accidents involving trucks and pedestrians are usually result from the driver's inattention or apathy. Although this type of incident is normal in any car accident, it could be more deadly due to the fact that truck drivers are typically higher up in their cabs. They also have larger blind areas that are difficult to discern. If a pedestrian is injured in a crash involving a truck, they can be awarded damages for medical expenses and loss of earnings, pain and suffering, and property damage. However, there are cases where the plaintiff is found to be partly at fault for the crash due to their own actions, like failing to move over to the left shoulder when a truck started to swerve, they could be awarded less compensation. It is important to hire an attorney for personal injuries that is experienced and knowledgeable to take care of your case. Contact us today to begin.