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Truck Accident Law A skilled lawyer for truck accidents is knowledgeable about the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will search for and uncover evidence like maintenance records of the trucking company that may support a negligence claim. A NYC truck accident lawyer in NYC can determine the negligent parties in your case, and help you recover from your injuries. 1. Injured or fatigued Driver When a vehicle driven by a person collides with a truck the most straightforward way to determine who is at fault is to review the manner of driving and behavior. A truck accident attorney can utilize surveillance footage and witness testimony to determine the driver at fault. Many locations have surveillance cameras. This includes most intersections, hotels, interchanges gas stations, restaurants and hotels. A skilled lawyer for truck accidents can use this evidence in order to identify potential defendants, especially when the driver appeared unfocused or distracted at the time of the accident. In the event of a truck crash it is possible that the driver was fatigued or even injured at the time of the accident. A thorough examination of the driver's logs can reveal whether they slept too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and demand adequate rest breaks. The trucking company could also be held accountable for negligent actions of their employees. A negligent hiring practice or training policy could have contributed 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 could have also contributed. The government agencies that maintain roads can also be held responsible if a hazardous road contributed to the accident. A truck accident lawyer who has experience will identify the person responsible and then hire a construction or maintenance contractor who is experienced to investigate the root cause of any hazardous conditions and, if necessary, to determine the cause. An experienced lawyer can identify multiple parties that may be responsible, and seek compensation from each source. 2. Defective Equipment Many truck accidents happen because of faulty equipment. This includes tires, brakes and cargo restraints. omaha truck accident law firm of equipment are designed to withstand rigorous use and should be assessed, maintained, and repaired to avoid failure. If something goes wrong, it can leave the driver of a truck unable to control the vehicle, and could result in fatal or serious collisions. Incorrect truck parts and equipment could be the fault of several entities, including the trucking company as well as the manufacturer and the parts dealer or repair shop. If an accident occurs as a result of a malfunctioning piece of equipment or part that is damaged, the victim can seek compensation for both economic and non-economic damages. Economic damages can include future and current medical expenses, lost income, and loss of earning capacity. Noneconomic damages include pain and discomfort and brain injuries that cause trauma and emotional anxiety. In certain instances punitive damages might be available to punish the defendant to stop similar mistakes from happening again in the future. Despite the best efforts of trucking companies and their drivers, some equipment problems will arise. When this happens, it's important to determine the liable parties in order to pursue compensation for your loss. If you have been involved in a truck accident and need help from an experienced attorney at the Burch Law Firm can assist. Contact us today to set up a free consultation. Our lawyers will examine the case, find responsible parties and fight to get the compensation you deserve. We can assist you in recovering compensation for medical expenses, lost work wages, and physical and emotional pain. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day and 7 days a week to answer your call. 3. Unproperly Loaded Cargo Truck drivers and loaders must adhere to strict guidelines when it comes to stacking and secure the cargo they transport on the road. Failure to adhere to these guidelines can lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most frequent causes of truck accidents. The majority of these truck accidents result from cargo falling off the truck onto roads or other vehicles. This can be particularly risky because the cargo might create an obstacle or create a danger on the road, causing drivers to turn around or smash into it. It can also fall onto people who are cycling or walking near the truck. Depending on how the accident was triggered, several parties could be at fault. A driver who was negligent in loading his or her cargo might be held liable in the context of the legal theory respondeat superior. However the trucking firm that employs the driver could be also liable because it is responsible for the actions of its employees based on the principle of vicarious liability. An experienced attorney for accidents involving trucks can utilize police reports and professional investigators to determine the cause of an accident that was caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney will assist victims to determine who they should submit a claim to compensation against. A successful claim could result in a settlement or verdict which gives victims the financial aid they require to recover from their injuries. 4. Unsafe Road Conditions The drivers and trucking companies have a duty to keep their trucks in a good working condition. If they do not, it can lead to serious accidents. There are many mechanical parts in trucks that must be inspected and replaced to allow them to function properly. If this isn't done, it can cause a dangerous and unsafe road. The road and weather conditions can also lead to truck crashes. Due to their dimensions, trucks are more likely to be involved in crashes when they are driving in bad weather conditions or on roads with a lot of water. Additionally, truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations about how many hours they can travel each day. These regulations are designed to protect the public, but when truck drivers do not follow them to meet deadlines or gain more money from their employers, it puts the public at risk. Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues are inadequate lane markings, such as broken or solid lane lines that confuse drivers about the lane they're in and merging ramps for lane switching that are too small for large vehicles to safely change lanes. If a truck crash occurs because of road conditions that are not safe, the trucking firm or the government agency that is responsible to maintain the road could be held accountable. The person who caused the dangerous conditions needs to be proven to have violated its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. In accordance with California law, victims are able to get compensation for medical expenses or lost income, suffering, and loss of quality of life. 5. Injuries to pedestrians Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their own yards. The pedestrians aren't always protected from the weight and size of a vehicle and can suffer catastrophic or fatal injuries. In these cases an attorney who is able to handle personal injury will seek compensation from the negligent party. In some cases it could be as easy as the truck driver if they ran a red light and struck the pedestrian, but in other cases it could be the trucking company that permitted the trucker to work longer shifts than is permitted by law, failed to conduct proper maintenance on the vehicle, or even conducted an background check that would have found the existence of a history of dangerous driving habits. Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. While this type of incident is typical of any car crash, it can be more deadly due to the fact that truck drivers are generally higher in their cabs and have bigger blind spots that are difficult to discern. When a pedestrian is injured in a truck accident it is possible to be awarded compensation for medical expenses, loss of earnings, pain and suffering, as well as property damage. However, there are instances where the plaintiff is found to be partly responsible for the crash due to their own actions, such as not stepping over to the left shoulder when a truck began to swerve, they could be awarded less compensation. It is crucial to find an injury lawyer who is experienced and knowledgeable to handle your case. Contact us now to get started.