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Truck Accident Law A lawyer who has knowledge of the field has a thorough understanding of the laws that regulate truck drivers and trucking companies. They will seek out evidence, such as maintenance records for trucking companies which may be evidence to support a claim of negligence. A NYC truck accident lawyer can identify the parties who are negligent in your case and help you recover from your injuries. 1. Fatigued or injured driver If a car that is a passenger is involved in a collision with a truck the most straightforward way to determine who is at fault is to scrutinize the driver's actions and demeanor. A lawyer who handles truck accidents can examine surveillance footage and witness statements to determine which driver was responsible for the accident. There are many places with surveillance cameras. This includes many intersections, interchanges, hotels gas stations, restaurants, and hotels. This evidence can be used by a truck crash lawyer to identify a possible defendant, especially if the driver was distracted or not paying attention at the time of the accident. In truck accidents the driver could have been injured or fatigued at the time of the incident. The road logs of drivers will reveal if they had a sleepless night or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road. The trucking company could be held accountable for negligent actions of their employees. A improper hiring or training procedure could have contributed to the accident, as could policies that encourage drivers to remain on the road for as long as possible while limiting their rest and sleep hours and thereby increasing the risk of an accident. If a road that is dangerous caused an accident the government agency responsible for its maintenance can be held responsible. hesperia truck accident attorney for truck accidents will identify the relevant agency and hire an experienced construction or maintenance contractor to examine the root of the unsafe road, if applicable. A knowledgeable attorney can identify several parties that could be accountable, and seek compensation from each source. 2. Defective Equipment Many truck accidents happen because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and should be examined and maintained to avoid failure. When something goes wrong, it could render a truck driver unable to control the vehicle and can result in serious or fatal collisions. The trucking company, the manufacturer, parts dealer or repair shop may all be accountable for the malfunction of truck parts and equipment. If an accident happens because of an equipment or part that is damaged, the victim can seek compensation for both economic and non-economic damages. Economic damages can include medical expenses both now and in the future, loss of income and the loss of earning potential. Noneconomic damages can include discomfort and pain, traumatic brain injuries, and emotional anxiety. In certain circumstances punitive damages could be available to punish the defendant in order to prevent similar negligence from occurring again. Despite the best efforts of trucking companies and their drivers, certain equipment issues will always arise. When this happens, it's important to determine the liable parties in order to pursue compensation for your loss. The experienced attorneys at Burch law firm are able to assist you in the event that you've been involved in a car accident. Contact us now to set up a free consultation. Our lawyers will go over the case, determine responsible parties, and fight to get the compensation you deserve. We can help you obtain compensation for medical bills, lost work wages, and emotional and physical suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours per day and 7 days a week to answer your calls. 3. Unloading Cargo in a way that isn't safe The cargo trucks transport on the road may appear straightforward enough, but there are strict rules that drivers and loaders must adhere to when stacking and securing their loads. Failure to follow these guidelines can cause serious problems. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the most common reasons for truck accidents. A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the road. This can be particularly dangerous since the cargo may create a risk or a problem on the road and cause motorists to swerve. It may also fall on people who are biking or walking in the vicinity of the truck. Based on the circumstances surrounding the accident, there may be multiple parties at fault. If an individual driver was negligent in loading their cargo, for example the driver could be held accountable under the legal doctrine of respondeat superior. However the trucking firm that employs the driver could be equally liable, because it is liable for the actions of its employees according to the principle of vicarious liability. An experienced lawyer for truck accidents can use police reports and professional investigators to determine the cause of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC attorney will assist victims to determine who they should pursue a claim for compensation against. A successful claim could result in a settlement or a verdict that provides victims with the financial assistance they require to recover from the injuries they sustained. 4. Unsafe Road Conditions Companies that operate trucks, as well their drivers, share a responsibility to maintain their trucks in a good working order. In the absence of this, it could result in serious accidents. The majority of trucks have mechanical components that require to be examined and replaced in order for them to function properly. If this isn't done it can result in dangerous and unsafe roads. The road and weather conditions can also lead to truck crashes. Due to their massive size, trucks are more likely to be involved in a crash if they are driving in bad weather or on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the amount of time they are permitted to drive each day. These rules are intended to safeguard the public. However truckers who ignore them to meet deadlines, or to get more money from employers, they put the public at risk. Unsafe road conditions may include slick pavement that prevents tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other problems can include inadequate markings for lane lines, like broken or solid lines that confuse drivers regarding which lane they're in, and merging ramps that are too short for large vehicles to safely change lanes. When a truck accident happens because of road conditions that are poor the trucking company, or the government agency that is responsible for maintaining the road could be liable for the incident. It is imperative to prove that the party responsible for the incident violated their duty of care by causing dangerous conditions. This can include negligent hiring and maintenance of the vehicle, and drug screenings. Under California law, the victims may get compensation for medical expenses, lost income, suffering, and loss of quality of life. 5. Injuries to Pedestrians Truck accidents can be extremely hazardous for pedestrians walking along the streets or within their own yards. The pedestrians aren't always protected from the weight and size of a vehicle and can suffer catastrophic or fatal injuries. In these types of situations, a personal injury attorney will seek compensation from the party that was negligent. In some instances, this may be as simple as suing the truck driver who ran an intersection and struck the pedestrian, but in other instances, it could be the trucking company who permitted the trucker to work longer shifts than required by law, did not take care of the vehicle, or conducted an background check which would have revealed the existence of a history of dangerous driving behavior. Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. While this type of accident is common with any car crash, it can be more dangerous due to the fact that truck drivers are typically higher in their cabs and have more blind areas that are difficult to discern. If a pedestrian is injured in a truck accident, they can be awarded compensation for medical expenses or loss of earnings pain and suffering, as well as property damage. In some instances, the plaintiff is determined to be partially at fault for the incident due to their own actions (such as not transferring to the left side when the truck started to slow down), their compensation can be reduced accordingly. This is why it is important to hire a knowledgeable and experienced personal injury lawyer to manage your case. Contact us now to get started.