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Truck Accident Law A truck accident lawyer with experience in the field is well-versed in the laws that govern truck drivers as well as trucking firms. They will search for and uncover evidence such as the maintenance records of the trucking company which could prove negligence. A NYC truck accident lawyer will identify the parties who are negligent in your case and assist you in recovering from your injuries. 1. Driver injured or fatigued If a vehicle carrying passengers encounters a truck, the easiest method of determining the extent of liability is to review the manner of driving and behavior. An attorney for truck accidents can use surveillance footage and witness testimony to determine which driver who is at fault. Many places have surveillance cameras. This includes the majority of intersections, interchanges, hotels, gas stations and restaurants. 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 is possible that the driver was tired or injured during the time of the accident. A thorough examination of the driver's track logs can reveal if they went too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand regular rest breaks. The trucking company may also be held liable for the carelessness of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their rest and sleep time and putting them at risk for accidents could have also 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 well-versed can identify the responsible agency and then hire an expert in construction or maintenance who has experience to determine the causes of any dangerous conditions or other unsafe conditions, if applicable. A seasoned attorney can identify the multiple parties that could be accountable and seek out compensation from all sources. 2. Defective Equipment Many truck accidents happen because of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to withstand a lot of use and should be assessed, maintained, and repaired to avoid failure. When something goes wrong, it could make the driver of a truck in a position to control the vehicle, and could cause 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 repair or parts dealer shop. If an accident occurs because of an equipment or component the injured party may seek compensation for both financial and non-economic damages. Economic damages include the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages could include discomfort and pain or traumatic brain injuries and emotional distress. In some cases punitive damages can be given to punish the defendant and prevent future recklessness. Despite the best efforts by trucking companies and drivers, equipment problems are inevitable. It is crucial to identify the responsible parties in order to pursue compensation for your loss. The highly experienced lawyers at Burch law firm can help you if you have been involved in a collision with a truck. Contact us today to set up a free consultation. Our lawyers will analyze the case, find responsible parties and fight to get the compensation you deserve. We can assist you in obtaining the amount you need to pay for medical bills loss of wages, emotional or physical suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available to take your calls 24/7 and seven days a semaine. 3. Unloading Cargo in a way that isn't safe Drivers and loaders of trucks must adhere to strict rules in stacking and secure the cargo they transport on the roads. If they don't follow these guidelines can cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most common causes of truck accidents. Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or the road. This is especially risky due to the fact that the cargo may create an obstacle or hazard on the road, causing motorists to swerve or hit it. It could also fall on people who are walking or riding a bicycle near the truck. Depending on how the accident was triggered, several parties could be at fault. If a driver was negligent while loading their cargo, for example it could be held liable under the legal principle of respondeat superior. However, the trucking company 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 will use police reports as well as professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney can assist victims in determining which defendants they should pursue a claim for compensation against. A successful claim can result in a settlement or verdict that gives victims the financial support they require to recover from the injuries they sustained. 4. Unsafe Road Conditions The drivers and trucking companies are required to keep their vehicles in good condition, and when they do not, it can lead to serious accidents. To ensure that trucks function properly, mechanical parts are regularly checked and replaced. When this doesn't happen the result is dangerous and unsafe roads. Accidents involving trucks can also be caused by dangerous weather or road conditions. Because of their size trucks are more likely to crash in bad weather conditions and on roads with a lot of water. In addition truck drivers must adhere to 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 ignore them to meet deadlines or to earn more money from their employers, they put the public at risk. Unsafe road conditions can include slick pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include insufficient road markings, such solid or broken lines that confuse drivers on which lane they're in, and merging ramps that aren't long enough for large vehicles to safely change lanes. If norman truck accident lawsuit occurs because of poor road conditions the trucking company or government agency that has the responsibility to maintain the road could be held accountable. The party responsible for creating the hazardous conditions must be proven to have violated its obligation of care. This can include negligent hiring or maintenance of vehicles, as well as testing for drugs. California law permits victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality life. 5. Injuries to Pedestrians Truck accidents pose danger 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 could be severely injured or killed. In these kinds of cases the personal injury attorney will pursue compensation from any party that was negligent. In some instances, the negligent party may be the truck driver who ran a red flag and hit the pedestrian. However, in other cases, it could be a trucking business that allowed the trucker to work longer than what is permitted by law or did not maintain the vehicle in a timely manner. Distraction or inattention are the most common causes of accidents involving trucks and pedestrians. While this type of incident is not uncommon in any car accident, it can be more dangerous due to the fact that truck drivers are generally higher up in their cabs and have bigger blind spots that are hard to see. A pedestrian injured in a crash with a truck can receive compensation for medical expenses and lost earnings, as well as pain and discomfort, and property damage. However, there are cases where the plaintiff is found to be partially responsible for the crash due to their own actions, for example, failing to move over to the left shoulder when a truck started to swerve, they can have their compensation reduced accordingly. This is why it's essential to retain an experienced and knowledgeable personal injury attorney to take care of your case. Contact us now to get started.