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Truck Accident Law A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will investigate and uncover evidence like maintenance records of the trucking company which could be evidence 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 If a vehicle carrying passengers is involved in a collision with a truck the most efficient method of determining the extent of liability is to look at the driver's actions and mannerisms. A lawyer who handles truck accidents can review surveillance footage and witness testimony to determine which driver was responsible for the accident. Many places have surveillance cameras. This includes many intersections, interchanges, hotels gas stations and restaurants. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, particularly if the driver was distracted or not paying attention at the time of the incident. In the event of a truck accident, it is possible that the driver was tired or injured at the time of the crash. The road logs of drivers can reveal whether they had a sleepless night or did not observe the Motor Carrier Safety Regulations, which limit the amount of time truckers are allowed to spend on the road. The trucking company may also be held responsible for the carelessness of their employees. A negligent hiring or training practice could have contributed to the accident, as could policies that encourage drivers to stay on the road for as long as possible by limiting their sleep and rest time and increasing their risk of being involved in an accident. If a hazardous road caused an accident, the government agency accountable for maintaining it may be held responsible. A seasoned truck accident lawyer can identify the appropriate agency and hire an experienced construction or maintenance contractor to investigate the cause of the unsafe road and if it's applicable. An experienced lawyer can identify multiple parties that may be responsible, and seek compensation from every source. 2. Defective Equipment Many truck accidents occur as a result of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were created to withstand heavy use and must be properly maintained and repaired to avoid failure. When something goes wrong it could make the truck driver unable control the vehicle and could result in serious or fatal collisions. Incorrect truck parts and equipment could be the responsibility of several different entities which include the trucking company as well as the manufacturer and the parts dealer or repair shop. If an accident occurs as a result of an equipment or component the person who was injured can seek compensation for both economic and non-economic losses. Economic damages may include the current and future medical costs lost income, loss of earning capacity. Noneconomic damages include suffering and pain, traumatic brain injury and emotional distress. In some cases, punitive damages may also be available to punish the defendant in order to stop similar negligence from occurring in the future. Despite the best efforts of trucking companies and their drivers issues are inevitable. It is crucial to identify the parties accountable in order to pursue compensation for your loss. If you've been injured in a truck accident, the experienced attorneys at the Burch Law Firm can help. Call us today to arrange an initial consultation for free. Our lawyers will evaluate your case, find liable parties and fight to obtain the compensation you deserve. We can assist you in obtaining the compensation you deserve for medical bills and lost wages at work as well as physical and emotional suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day, 7 days a weeks to answer your call. 3. Unproperly Loaded Cargo The cargo trucks carry on the road may appear easy enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. Failure to follow these guidelines could result in serious issues. In a recent report, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the most frequent causes of truck accidents. Most of these truck accidents are caused by cargo falling off the truck onto other vehicles or roadways. This can be extremely dangerous because the cargo can create a risk or a problem on the road and cause motorists to swerve. It could also fall on people who are cycling or walking within the vicinity of the truck. Depending on the way in which the accident occurred, multiple parties may be responsible. A driver who was negligent when loading his or cargo could be held responsible in the context of the legal theory respondeat superior. The trucking company that employed the driver may also be liable in the sense that it is accountable for the actions of its employees under the principle vicarious responsibility. In instances where an accident happened because of unsecurely loaded or secured cargo, a skilled truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was responsible. A Cordisco and SAIL LLC lawyer will assist victims to determine who they should pursue a claim for compensation against. A successful claim may result in a settlement or a verdict which gives victims the financial assistance they need to recover from their injuries. 4. san jose truck accident law firm Trucking companies, as well their drivers, also have a responsibility to maintain their trucks in a good working condition. Failure to do so can result in serious accidents. To ensure that trucks work properly, mechanical components are often inspected and replaced. If this is not done, it can result in a dangerous, unsafe road. Truck accidents can also be caused by dangerous weather and road conditions. Due to their massive size, trucks are much more likely to be involved in a crash when they travel in bad conditions or on roads that are wet. In addition, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can travel each day. These rules are intended to protect the public, but when truck drivers ignore them to meet deadlines or to earn more money from their employers, they put the public at risk. Potholes and uneven surfaces can cause skidding. Other issues can be due to inadequate lane markings, such as solid or broken lines that confuse drivers about the lane they're in, or merging ramps that are too narrow for large vehicles to safely change lanes. If a car accident occurs due to poor road conditions the trucking company or government agency responsible to maintain the road could be held liable. It is imperative to prove that the person in question breached their duty of care by creating dangerous conditions. This may include negligent hiring, maintenance of the vehicle, and drug tests. Under California law, the victims may claim compensation for medical bills and lost income, pain and loss of quality of life. 5. Injury to a pedestrian Truck accidents can be extremely hazardous for pedestrians who are walking along the streets or within their own yards. The pedestrians aren't always protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries. In these kinds of cases in these types of cases, a personal injury lawyer will seek compensation from any person that was negligent. In some instances, this may be as straightforward as the truck driver if they ran through a red light, and then struck the pedestrian, however in others, it could be the trucking firm that permitted the trucker to work longer shifts than required by law, failed to conduct proper maintenance on the vehicle, or even conducted an examination of their background that could have revealed the history of unsafe driving habits. Accidents involving pedestrians and trucks tend to be caused by drivers' inattention or distraction. While this type of accident is not uncommon in any car accident, it may be more deadly due to the fact that truck drivers are generally higher up in their cabs. They also have more blind spots that are hard to see. A pedestrian who is injured in a car crash may receive compensation for medical expenses and lost earnings, as well as discomfort and pain, as well as property damage. In some instances, where the plaintiff is found to be partly responsible for the crash because of their own actions, for example, failing to move over to the left shoulder when a truck began to swerve, they could have their compensation reduced accordingly. It is important to select an injury lawyer who is knowledgeable and experienced to take care of your case. Contact us today to begin.