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Truck Accident Law A competent truck accident lawyer possesses in-depth knowledge of the trucking industry, including specific laws that govern truck drivers and trucking companies. They will look into evidence, including maintenance records for trucking companies which could support a claim of negligence. A NYC truck accident lawyer can determine the responsible parties in your case and help you recover from your injuries. 1. Fatigued or injured driver The easiest way to determine who is responsible in a collision between two vehicles, a truck and a car is to study the behavior of the driver. A lawyer who handles truck accidents can review surveillance footage and witness statements to determine which driver was at fault. Many places have surveillance cameras. This includes all intersections interchanges, hotels gas stations and restaurants. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, particularly if a driver seemed distracted or unfocused at the time of the incident. In the event of a truck crash it could be that the driver was fatigued or even injured at the time of the accident. The road logs of drivers can reveal whether they had a sleepless night or did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road. The trucking company could be held responsible for the negligent acts of their employee. A negligent hiring procedure 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 hours and increasing their risk of accident could also have contributed to. Government agencies that are responsible for maintaining roads may also be responsible if a hazardous road caused the accident. A seasoned truck accident lawyer can identify the appropriate agency and employ a competent construction or maintenance contractor to look into the cause of the unsafe condition, if applicable. A knowledgeable attorney can identify multiple parties that may be accountable, and seek compensation from each source. 2. Defective Equipment Many truck accidents are caused due to defective equipment, including brakes and tires, coupling systems, and cargo restraints. These items were designed to withstand the rigors of use and must be maintained and repaired to prevent failure. If something goes wrong, a trucker may be unable to control their vehicle, and this could result in fatal or serious accidents. The trucking company, the manufacturer, parts dealer or repair shop may all be responsible for defective truck parts and equipment. If an accident occurred as a result of a defective part or piece of equipment, the person injured could pursue damages for economic and noneconomic losses. baton rouge truck accident lawyer are a combination of current and future medical expenses lost income, loss of earning capacity. Noneconomic damages include suffering and pain as well as traumatic brain injuries emotional distress, and traumatic brain injury. In certain cases punitive damages could be available to punish the defendant to stop similar negligence from occurring again. Even with the best efforts of trucking companies and drivers equipment problems are bound to happen. If this happens, it is crucial to identify the responsible parties in order to seek compensation for your losses. If you have been involved in a truck accident the skilled attorneys at the Burch Law Firm can assist. Contact us today for an appointment for a no-cost consultation. Our lawyers will go over the case, identify responsible parties and fight to get the compensation you deserve. We can help you recover the amount you need to pay for medical bills loss of wages, physical or emotional pain. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day and 7 days a week to take your call. 3. Unloading Cargo Improperly The cargo that trucks transport on the road may appear easy enough, however there are strict regulations that drivers and loaders must follow in terms of stacking and securing their loads. Any failure to comply with 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 most common reasons for truck accidents. The majority of these truck accidents result from cargo falling from the vehicle onto roads or other vehicles. This is particularly dangerous since the cargo could cause an obstruction or create a risk on the road, forcing other drivers to slow down or smash into it. It could also fall on pedestrians who are cycling or walking near the truck. Based on the manner in which the incident took place, a variety of parties could be responsible. A driver who was negligent when loading his or cargo could be held accountable according to the legal doctrine of respondeat superior. However, the trucking company that employs that driver might be equally liable, because it is liable for the actions of its employees according to the principle of vicarious liability. In instances where an accident was caused by unsafely loaded or secured cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who is at fault. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to file a claim against for compensation for their losses. A successful claim can result in a verdict or settlement that can provide victims with the financial aid they need to recover. 4. Unsafe Road Conditions Trucking companies, as their drivers, share a responsibility to maintain their trucks in good working order. In the absence of this, it could lead to serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced to allow them to function correctly. If this isn't the case it can result in an unsafe and dangerous road. The conditions of the road and weather can also trigger truck accidents. Due to their huge size, trucks are more likely to be involved in crashes when they are driving in bad weather conditions or on roads with a lot of water. In addition, truck drivers must adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they are allowed to drive in a day. These regulations are designed to protect the public, but if truck drivers ignore them to meet deadlines or to gain more money from their employers, they put the public in danger. Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings such as solid or broken lane lines that confuse drivers about which lane they're on, and merging lane ramps that are too small for large vehicles to safely switch lanes. If a car accident occurs because of road conditions that are not safe, the trucking firm or government agency that has the responsibility to maintain the road may be held accountable. The person who caused the hazardous conditions must be proven to have breached its obligation of care. This can include negligent hiring or vehicle maintenance, as well as drug testing. California law permits victims to recover damages for medical bills as well as lost wages, suffering and loss of quality of life. 5. Injuries to Pedestrians Truck accidents can be extremely hazardous for pedestrians who are walking along streets or in their own yards. The majority of pedestrians are not protected from the enormous size and weight of a truck and could suffer severe, often fatal injuries from these types of crashes. In these instances an attorney for personal injury can seek compensation from the person who caused the injury. In some cases, this may be as simple as suing the truck driver if they ran an intersection and struck the pedestrian, but in other instances it could be the trucking company that allowed the trucker longer hours than permitted by law, or failed to perform proper maintenance on the vehicle, or even conducted an investigation into the background of the driver that could have revealed the existence of a history of dangerous driving habits. Accidents involving pedestrians and trucks are often caused by drivers' inattention or distraction. This type of accident is very common in car accidents, but it could be fatal for truck drivers due to the fact that they are higher up and have a larger blind zone that are difficult to see. When a pedestrian is injured in a car accident it is possible to be awarded compensation for medical expenses as well as loss of earnings, injuries and suffering, as well as property damage. In some instances, where the plaintiff is found to be partly at fault for the crash due to their own actions, for example, not stepping over to the left shoulder when a truck started to swerve, they can have their compensation reduced accordingly. It is important to select an injury lawyer who is skilled and experienced to manage your case. Contact us now to begin.