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Truck Accident Law A skilled lawyer for truck accidents has a deep understanding of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will conduct an investigation and discover evidence, such as maintenance records of the trucking company that could provide evidence for a negligence claim. A NYC truck accident attorney can determine who is at fault in your case and help you recover from your injuries. 1. Fatigued or Injured Driver The most effective method of determining who is responsible in a collision between an automobile and a vehicle is to scrutinize the driver's behavior. A truck accident lawyer can utilize surveillance footage and testimony from witnesses to determine the driver who is at fault. Many places are equipped with surveillance cameras, including the majority of intersections and interchanges as well in certain gas stations, hotels, restaurants, and other establishments. A skilled lawyer for truck accidents can make use of this evidence to identify potential defendants, particularly when the driver was unobservant or distracted at the time of the accident. In the case of truck accidents it is possible that the driver was fatigued or even injured at the time of the accident. A thorough analysis of the logs from the driver can reveal whether they slept too long without rest or failed to follow Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and require regular rest breaks. The trucking company can also be held responsible for the negligent actions of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep times and increasing their accident risk may have contributed. If a road with a danger factor caused an accident the government agency accountable for maintaining it may be held accountable. A truck accident lawyer who is knowledgeable can identify the responsible agency and then hire a contractor for construction or maintenance who is experienced to investigate the causes of any dangerous conditions and, if necessary, to determine the cause. A skilled attorney can identify multiple parties that may be liable and pursue compensation from all sources. 2. Defective Equipment Many truck accidents are the result of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand heavy use and must be properly maintained and repaired to prevent failure. When something goes wrong it could leave a truck driver unable to control the vehicle and can result in serious or fatal collisions. The problem with defective parts and equipment for trucks could be the fault of a number of entities such as the trucking company or the manufacturer, as well as the repair or parts dealer shop. If an accident happens because of a defective piece of equipment or a part that is damaged, the victim can seek compensation for both financial and non-economic losses. Economic damages include future and present medical expenses lost income, loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries, and emotional distress. In certain cases, punitive damages can be awarded to penalize the defendant and prevent future mistakes. Even with the best efforts by trucking companies and drivers equipment malfunctions will always occur. It is crucial to determine the responsible parties to seek compensation for your losses. If you've been injured in a truck collision the skilled attorneys at the Burch Law Firm can assist. Contact us today for an appointment at no cost. Our lawyers will examine your case, determine liable parties, and fight to secure the compensation that you deserve. We can assist you in recovering 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 and Columbia. We are available to take your calls all day 7 days a week. 3. Unloading Cargo in a way that isn't safe Truck drivers and loaders must adhere to strict guidelines regarding stacking and securing the cargo they transport on the roads. Failure to follow these guidelines could cause serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the leading reasons for truck accidents. A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or the roadway. 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 pedestrians or cyclists riding bicycles in the vicinity of trucks. 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 example, that person might be held accountable under the legal doctrine of respondeat superior. The trucking company that employed that driver may also be liable for the negligence of its employees, since it is responsible for the actions of its employees under the principle of vicarious accountability. In cases where accidents occur due to inadequately secured or loaded cargo, a skilled truck accident lawyer can use professional investigators and police reports to determine what went wrong and who is at fault. A Cordisco and SAIL LLC attorney will assist victims to determine who they should make a claim for compensation against. A successful claim could result in a verdict or settlement which will give victims the financial assistance they require to cover the costs of. 4. Unsafe Road Conditions Trucking companies and their drivers are obliged to keep their trucks in good working condition, and when they fail to do so it could result in serious accidents. To ensure that trucks work properly, mechanical parts are often inspected and replaced. If this is not done, it could cause a dangerous and unsafe road. The weather and road conditions can also trigger truck accidents. Due to their size trucks are more prone to crash in bad conditions and on roads that are wet. In addition, truck drivers are required to follow strict Federal Motor Carrier Safety Administration rules regarding how long they can travel each day. These rules are meant to safeguard the public. However truckers who do not follow them to meet deadlines or to earn more money from employers, they place the public at risk. Unsafe road conditions include slick pavement that stops tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues include insufficient lane markings such as broken or solid lines of lane that confuse drivers about which lane they're in, and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes. If a truck crash occurs because of poor roadway conditions, the trucking company or government agency responsible for maintaining that road could be liable for the occurrence. It is necessary to prove that the person who caused the accident violated their duty of care in creating unsafe conditions. This could include negligent hiring or maintaining the vehicle, or drug screenings. In accordance with 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. austin truck accident lawsuit to Pedestrians Truck accidents can be extremely hazardous for pedestrians walking along roads or within their own yards. People walking on foot are not always protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries. In these instances, an attorney for personal injury may seek compensation from the party who was negligent. In some cases it could be as straightforward as the truck driver if they ran a red light and struck the pedestrian, however in other instances, it could be the trucking company who allowed the trucker longer shifts than allowed by law, did not perform proper maintenance on the vehicle, or conducted a background check that would have revealed the history of unsafe driving behavior. Accidents involving trucks and pedestrians are most often caused by drivers' inattention or apathy. This kind of accident is very common in car accidents, but it can be fatal for truck drivers since they are higher in the air and have larger blind zones which are difficult to perceive. If a pedestrian is injured in a truck accident it is possible to be awarded damages for medical bills and loss of earnings, pain and suffering, as well as property damage. In some instances, the plaintiff is found partly at fault for the incident because of their own actions (such as not stepping over to the left side when the truck began to accelerate) the compensation they receive could be reduced accordingly. This is why it is crucial that you retain an experienced and knowledgeable personal injury attorney to take care of your case. Contact us today to begin.