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Truck Accident Law A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will search for and uncover evidence, such as maintenance records of the trucking company which could support a negligence claim. A NYC truck accident lawyer can assist you in determining who is the fault in your situation and assist you in recovering your injuries. 1. Driver injured or fatigued The easiest way to determine who is responsible in a collision between an automobile and a car is to examine the driver's behavior. A lawyer who handles truck accidents can look over the footage of surveillance and witness testimony to determine which driver was responsible for the accident. Many places are equipped with surveillance cameras, which includes the majority of intersections and interchanges as in some hotels, gas stations, restaurants, and other establishments. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, especially if the driver seemed distracted or unfocused at the moment of the accident. In the event of a truck accident the driver might be injured or fatigued at the time of the incident. The road logs of drivers could reveal if they had a sleepless night or didn't follow 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 accountable for negligent actions of their employees. A negligent hiring or training method may have contributed to the accident, as could policies that encourage drivers to remain on the road for as long as possible by limiting their rest and sleep time and increasing their risk of being involved in an accident. Government agencies responsible for maintaining roads may also be liable if a hazardous roadway contributed to the accident. A knowledgeable lawyer for truck accidents will identify the relevant agency and then hire a seasoned construction or maintenance contractor to investigate the cause of the unsafe road, if applicable. A skilled attorney can identify the multiple parties that could be responsible and seek compensation from all sources. 2. Defective Equipment Many truck accidents occur because of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to stand up to the rigors of usage and must be inspected, maintained, and repaired to prevent failure. If something goes wrong the driver may be unable to control their vehicle and it could cause tragic or fatal accidents. The trucking company, the manufacturer or parts dealer, or repair shop can all be accountable for the malfunction of truck parts and equipment. If an accident happens because of a defective piece of equipment or component, the injured party can claim damages for both economic and non-economic losses. Economic damages include medical expenses both now and in the future, loss of income and the loss of earning potential. Noneconomic damages include suffering and pain trauma to the brain, and emotional distress. In certain cases punitive damages could be available to punish the defendant to stop similar negligence from happening in the future. Even with the best efforts of trucking companies and drivers, equipment problems are bound to happen. When this happens, it is crucial to identify the responsible parties to seek compensation for your losses. If folsom truck accident attorney 've been in a collision with a truck the skilled attorneys at Burch Law Firm can help. Contact us today to schedule a free consultation. Our lawyers will analyze your case, identify the responsible parties and fight to obtain the compensation you deserve. We can assist you in recovering the compensation you deserve for medical bills, lost work wages, and physical and emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are available to take your calls 24/7 7 days a week. 3. Unloading Cargo Improperly The cargo trucks carry on the road may seem easy enough, however there are strict regulations that drivers and loaders must follow in terms of stacking and securing their loads. Failure to adhere to these guidelines can lead to serious problems. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the most common reasons for truck accidents. The majority of these truck accidents are caused by cargo falling from the vehicle onto other vehicles or roadways. This can be particularly risky because the cargo might create an obstacle or cause a danger to the road, causing motorists to swerve or crash into it. It may also fall on people who are walking or riding a bicycle within the vicinity of the truck. Depending on the way in which the accident occurred, a number of parties could be at fault. If a driver was negligent while loading his or her cargo, for instance the driver could be held responsible under the legal principle of respondeat superior. The trucking company who employed the driver could also be held accountable, as it is responsible for the actions of its employees under the principle of vicarious accountability. An experienced attorney for truck accidents can use police reports and professional investigators to determine the cause of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants to submit a claim to compensation against. A successful case could result in a verdict or settlement that can provide victims with the money they require to recuperate. 4. Unsafe Road Conditions Trucking companies, as well their drivers, also have an obligation to keep their vehicles in good working order. If they don't, it can lead to serious accidents. Trucks are often equipped with mechanical parts which need to be inspected and replaced in order for them to function correctly. When this doesn't happen it can result in an unsafe and hazardous road. Truck crashes can also be caused by hazardous weather and road conditions. Due to their size trucks are more likely to be involved in accidents during stormy conditions and on roads that are wet. Additionally, truck drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they can travel each day. These regulations are designed to protect the public. However truckers disregard them to meet deadlines, or to earn more money from employers, they place the public at risk. Potholes and uneven surfaces can cause skidding. Other issues can be due to inadequate markings for lane, such as broken or solid lines that confuse the driver on which lane they're in, or merging ramps that are too narrow for large vehicles to safely switch lanes. If a truck accident happens due to poor road conditions, the trucking firm or the government agency that is responsible to maintain that road may be held accountable. The person who caused the dangerous conditions needs to be proven guilty of breaching its obligation of care. This could be due to negligent hiring or vehicle maintenance, as well as drug testing. California law permits victims to recover damages for medical expenses as well as lost wages, suffering and loss of quality of life. 5. Injuries to Pedestrians Truck accidents can be dangerous for pedestrians walking along roads or even in their yards. Pedestrians are often not protected from the weight and size of a vehicle and can be severely injured or killed. In these instances an attorney who is able to handle personal injury will seek to recover compensation from the negligent party. In some instances, this may be as simple as suing the truck driver who ran at a red light and hit the pedestrian, however in other instances, it could be the trucking firm that allowed the trucker to work longer hours than permitted by law, failed to conduct proper maintenance on the vehicle, or even conducted an investigation into the background of the driver that could have revealed the history of unsafe driving behavior. Accidents involving pedestrians and trucks are most often caused by drivers' inattention or distraction. While this kind of incident is typical of any car crash, it can be more deadly due to the fact that truck drivers tend to be higher up in their cabs. They also have bigger blind spots that are difficult to discern. When a pedestrian is injured in a crash involving a truck the pedestrian may be awarded compensation for medical expenses as well as loss of earnings, pain and suffering, as well as property damage. However, there are instances where the plaintiff is found to be partially accountable for the accident because of their own actions, like failing to move over to the left shoulder when a truck started to swerve, they can be awarded a lower amount of compensation. This is why it is important to hire a knowledgeable and experienced personal injury attorney to manage your case. Contact us today to start.