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Truck Accident Law A competent lawyer for truck accidents has a deep understanding of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will search for and uncover evidence like maintenance records of the trucking company that could support a negligence claim. A NYC truck accident lawyer in NYC can assist you in determining who's at fault for your incident and help you recover for your injuries. 1. Driver injured or fatigued When a vehicle driven by a person collides with a truck, the most efficient way to determine who is at fault is to look at the driver's actions and demeanor. An attorney for truck accidents can make use of surveillance footage and witness testimony to determine the driver responsible. Many places are equipped surveillance cameras, such as most intersections and interchanges as well certain gas stations, hotels, restaurants, and other businesses. A skilled truck accident lawyer can use this evidence to identify a potential defendant, particularly when the driver seemed unobservant or distracted at the time of the crash. In the event of a truck crash, it is possible that the driver was fatigued or even injured during the time of the crash. The road logs of the drivers will show if they slept insufficiently or did not follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road. The trucking company could be held accountable for the negligence of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their rest and sleep times and thereby increasing their risk of being injured could have also contributed. Government agencies responsible for maintaining roads can also be held accountable if a dangerous road caused the accident. A truck accident lawyer who is well-versed can identify the agency responsible and then hire an expert in construction or maintenance with experience to investigate the causes of any dangerous conditions, if applicable. A knowledgeable attorney can also determine the various parties that could be accountable and seek out compensation from all sources. 2. Defective Equipment Many truck accidents are caused due to defective equipment, including brakes and tires, coupling systems, and cargo restraints. These pieces of equipment were designed to withstand heavy use and should be maintained and repaired to avoid failure. If something goes wrong, it can leave the driver of a truck unable to control the vehicle and can cause fatal or serious collisions. Defective parts and equipment for trucks could be the responsibility of a number of entities that include the trucking firm and the manufacturer as well as the parts dealer or repair shop. If an accident occurred as a result of a defective part or piece of equipment, the injured person may seek damages for economic and noneconomic losses. Economic damages may include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain, and emotional distress. In certain instances, punitive damages are given to punish the defendant and prevent future mistakes. Even with the best efforts of trucking companies and drivers, equipment problems are a given. If this happens, it is crucial to identify the responsible parties in order to seek compensation for your loss. newport beach truck wreck lawyer experienced lawyers at Burch law firm can help you in the event that you've been in a truck accident. Contact us today for an initial consultation for free. Our lawyers will go over the case, find responsible parties, and fight to get the compensation you deserve. We can help you obtain the compensation you deserve for medical bills and lost wages at work as well as physical and emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls anytime 7 days a week. 3. Improperly loaded Cargo Loaders and drivers of trucks must adhere to strict guidelines when it comes to stacking and securing cargo they transport on the road. Infractions to these guidelines could cause serious problems. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the major reasons for truck accidents. The majority of truck accidents result from cargo falling from the vehicle onto roads or other vehicles. This can be extremely dangerous since the cargo may create a risk or a problem on the road and force other drivers to slow down. It could also fall on people who are walking or riding bikes in the vicinity of trucks. Depending on how the accident occurred, a number of parties could be responsible. If the driver was negligent when loading their cargo, for instance this person could be held accountable under the legal theory of respondeat superior. However the trucking company that employs that driver might be equally liable, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability. An experienced lawyer for truck accidents can use police reports and professional investigators to determine what caused of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney can assist victims in determining which defendants they should submit a claim to compensation against. A successful claim can result in a settlement or verdict which will give victims the financial aid they need to cover the costs of. 4. Unsafe Road Conditions Trucking companies, as their drivers, share the obligation of keeping their vehicles in good working condition. In the absence of this, it can lead to serious accidents. Trucks often have mechanical parts which need to be inspected and replaced to allow them to function properly. If this isn't done, it could result in a dangerous and unsafe road. The cause of truck crashes is caused by weather conditions or road conditions. Due to their size, trucks are more likely to be involved in crashes during bad conditions and on roads that are wet. In addition, truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they are allowed to drive in a day. These rules are designed to protect the public, but when truck drivers don't follow them in order to meet deadlines or to earn more money from their employers, it puts the public in danger. Potholes and uneven surfaces could cause skidding. Other issues include poor markings for lane lines, such as solid or broken lines of lane that confuse drivers about which lane they're in, and merging ramps for lane switching that are too small for large vehicles to safely switch lanes. If a truck accident occurs due to road conditions that are poor the trucking company or the government agency that is responsible to maintain the road could be held responsible. It is essential to prove that the person who caused the accident violated their obligation of care by creating dangerous conditions. This can include negligent hiring or maintenance of the vehicle, and drug tests. California law permits victims to seek damages for medical bills as well as lost wages, suffering and loss of quality of life. 5. Injuries to Pedestrians Truck accidents pose a risk to pedestrians on the streets or even in their yards. The pedestrians aren't always protected from the weight and size of a truck, and may suffer catastrophic or fatal injuries. In these types of cases in these types of cases, a personal injury lawyer will pursue compensation from any party that was negligent. In some instances the negligent party could be the truck driver who crossed a red light and hit the pedestrian. However, in other cases it could be a trucking firm that allowed the trucker to work longer than what is permitted by law, or failed to maintain the vehicle properly. Distraction or inattention are among the most common causes of accidents involving trucks and pedestrians. Although this type of incident is typical of any car accident, it could be more fatal due to the fact that truck drivers are typically higher up in their cabs. They also have more blind areas that are hard to see. A pedestrian who is injured in a car crash may be awarded compensation for medical expenses as well as lost earnings, discomfort and pain, and property damage. In some cases, if the plaintiff is found partially at fault for the incident because of their own actions (such as not stepping over to the left side when the truck started to accelerate) the amount they receive will be 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.