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Truck Accident Law A truck accident lawyer with expertise in the field has a deep understanding of the laws which govern truck drivers and trucking firms. They will investigate and uncover evidence like maintenance records of the trucking firm that could provide evidence for a negligence claim. A NYC truck accident lawyer can determine who is at fault in your case and help you recover from your injuries. 1. Driver injured or fatigued When a passenger vehicle is involved in a collision with a truck the most effective method to determine the liability is to look at the driver's actions and demeanor. A truck accident attorney can utilize surveillance footage as well as witness testimony to determine the driver responsible. Many places have surveillance cameras. This includes the majority of intersections interchanges, hotels gas stations and restaurants. This evidence can be used by a truck wreck lawyer to identify a potential defendant, particularly if the driver was distracted or not paying attention at the time of the incident. In the case of truck accidents, it is also possible that the driver was tired or injured during the time of the accident. A thorough analysis of the logs from the driver can reveal if they went too long without sleep or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can be on the road and demand regular rest breaks. chino hills truck accident lawsuit may also be held accountable for the negligence of their employees. A negligent hiring or training method may have contributed to the accident, and so could policies that encourage drivers to drive for as long as is possible by limiting their rest and sleep time and thereby increasing the risk of an accident. The government agencies that maintain roads may also be accountable if a dangerous road contributed to the accident. A skilled truck accident lawyer can identify the appropriate agency and employ a competent maintenance or construction contractor to investigate the cause of the unsafe condition, if applicable. An experienced attorney can determine which parties could be liable and pursue compensation from all sources. 2. Defective Equipment Many truck accidents are caused by faulty equipment, such as brakes and tires, coupling systems and cargo restraints. These pieces of equipment are designed to withstand rigorous use, and must be assessed, maintained, and repaired to prevent failure. If something goes wrong, the trucker might not be able to control their vehicle and this can lead to tragic or fatal accidents. Damaged truck parts and equipment could be the fault 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 happens because of a defective piece of equipment or a component, the injured party can claim damages for both economic and noneconomic losses. Economic damages can include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages could include discomfort and pain and brain injuries that cause trauma and emotional distress. In certain circumstances, punitive damages may be given to punish the defendant and stop future mistakes. Even with the best efforts of trucking companies and drivers, equipment malfunctions will always occur. It is crucial to determine the responsible parties in order to pursue compensation for the loss. If you have been involved in a truck accident The experienced lawyers at the Burch Law Firm can assist. Call us today to arrange a free consultation. Our lawyers will go over the case, determine responsible parties and fight for the compensation you're due. We can help you obtain compensation for medical expenses as well as lost wages from work, as well as physical and emotional suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day and 7 days a week to answer your call. 3. Improperly loaded Cargo The cargo that trucks carry on the road might seem straightforward enough, but there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. Failure to adhere to these guidelines could result in serious issues. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading reasons for truck accidents. A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the road. This can be especially dangerous since the cargo could cause an obstruction or create a risk on the road, causing drivers to turn around or hit it. It may also fall on people who are walking or riding a bicycle near the truck. Depending on the circumstances of the incident, there could be multiple parties to blame. A driver who was negligent when loading his or her 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 for its actions, since it is responsible for its employees' actions in the spirit of vicarious responsibility. An experienced attorney for truck accidents can make use of police reports and professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney will assist victims to determine which defendants they should make a claim for compensation against. A successful case could result in a settlement or verdict that can provide victims with the financial assistance they require to recuperate. 4. Road conditions that are unsafe The drivers and trucking companies have a duty to keep their trucks in good working condition, and when they fail to follow this it could result in serious accidents. The majority of trucks have mechanical components that must be inspected and replaced to allow they to function properly. If this is not done, it could result in a dangerous and unsafe road. The conditions of the road and weather can also cause truck crashes. Due to their size trucks are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. Additionally, truck drivers are required to follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These rules are intended to protect the public. However truckers disregard these rules in order to meet deadlines or to earn more money from employers, they put the public at risk. Unsafe road conditions could include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other problems can include inadequate markings for lane lines, like broken or solid lines that confuse the driver about the lane they're in, and merging ramps that are too narrow for large vehicles to safely switch lanes. If a car accident occurs because of road conditions that are poor the trucking company, or the government agency that is responsible for maintaining the road could be held accountable for the incident. It is imperative to prove that the person responsible for the incident violated their duty of care in creating unsafe conditions. This could include negligent hiring or maintenance of the vehicle, or drug testing. Under California law, victims are able to recover damages for their medical expenses as well as lost income, suffering and loss of quality of life. 5. Accidents involving pedestrians Truck accidents pose danger to pedestrians walking along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck and could suffer catastrophic or fatal injuries. In these types of situations, a personal injury attorney will seek compensation from the party who was negligent. In certain cases the negligent party could be the driver of the truck who ran a red flag and struck a pedestrian. But in other cases, it could be a trucking company which allowed the trucker work longer than what is permitted by law or failed to maintain the vehicle properly. Inattention or distraction are the most common causes of accidents involving trucks and pedestrians. This type of accident is quite common in car accidents, but it could be deadly for truck drivers due to the fact that they are higher up and have more blind zones which are difficult to perceive. A pedestrian injured in a crash with a truck can be awarded compensation for medical expenses and lost earnings, as well as pain and discomfort, and property damage. However, there are instances where the plaintiff is found to be partly responsible for the crash because of their own actions, such as not stepping over the left shoulder when a truck began to swerve, they could be awarded less compensation. This is why it is essential to retain a knowledgeable and experienced personal injury attorney to take care of your case. Contact us now to get started.