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Truck Accident Law A lawyer for truck accidents who has knowledge of the field is well-versed in the laws that govern truck drivers and trucking firms. They will search for and uncover evidence like maintenance records of the trucking firm that could provide evidence for a negligence claim. A NYC truck accident lawyer in NYC can assist you in determining who's at fault in your case and help you recover for your injuries. 1. Driver injured or fatigued The easiest way to determine who is responsible in a collision between a truck and a passenger vehicle is to scrutinize the behavior of the driver. A lawyer who handles truck accidents will review surveillance footage and witness statements to determine the driver who was responsible for the accident. Many locations are equipped with surveillance cameras, which includes the majority of intersections and interchanges as as certain gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck accident lawyer to determine a potential defendant, particularly if the driver appeared distracted or inattentive at the time of the accident. In the event of a truck accident the driver may have been injured or fatigued at the time. The road logs of drivers will reveal if they were sleeping too much or did not follow the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road. The trucking firm could be held accountable for negligent actions of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, which in turn reduces their sleep and rest times and putting them at risk for accidents could have also contributed. If a hazardous road caused an accident, the government agency that is responsible for maintaining it could be held accountable. A truck accident lawyer who is experienced will identify the person responsible and then hire a contractor for construction or maintenance with experience to investigate the root of any unsafe conditions or other unsafe conditions, if applicable. An experienced attorney can identify various parties who could be responsible and seek compensation from each source. 2. Defective Equipment Many truck accidents happen because of faulty equipment. This includes tires, brakes and cargo restraints. These equipments are designed to stand up to the rigors of usage and must be assessed and maintained to prevent failure. If something goes wrong, it could render the driver of a truck unable to control the vehicle and can result in serious or fatal collisions. The trucking company, manufacturer, parts dealer, or repair shop can all be accountable for the malfunction of truck parts and equipment. When an accident occurs because of a malfunctioning piece of equipment or component, the injured party can seek compensation for both economic as well as non-economic losses. Economic damages include the current and future medical costs lost income, loss of earning capacity. Noneconomic damages include suffering and pain trauma to the brain emotional distress. In some cases punitive damages can be available to punish the defendant to stop similar mistakes from occurring again. Despite the best efforts of trucking companies and their drivers, some equipment issues will always arise. If this happens, it is important to determine the liable parties in order to pursue compensation for your losses. The experienced attorneys at Burch law firm are able to assist you if you have been involved in a car accident. Contact us today for a free consultation. Our lawyers will review the case, find responsible parties and fight for the compensation you deserve. We can help you get compensation to pay medical bills, lost wages, and physical or mental suffering. We handle cases in Missouri including Jefferson City and Columbia. We are accessible 24 hours a day seven days a week to answer your phone. 3. Unloading Cargo Unsafely Drivers and loaders of trucks must follow strict guidelines regarding stacking and securing the cargo they transport on the roads. Failure to adhere to these guidelines could result in serious issues. In a recent study the Federal Motor Carrier Safety Administration found that shifting cargo was one of the most common reasons for truck accidents. The majority of truck accidents are caused by cargo falling from the vehicle onto other vehicles or roadways. This can be extremely dangerous because the cargo can cause a danger or obstruction on the road and cause other drivers to slow down. It could also fall on people who are biking or walking near the truck. Depending on the circumstances of the incident, there could be several parties at fault. A driver who was negligent when loading his cargo may be held accountable under the legal theory respondeat superior. However the trucking company that employs the driver could be liable as well, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability. An experienced attorney for truck accidents can make use of police reports and professional investigators to determine the cause of an accident caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC may help victims determine the appropriate defendants to make a claim against to seek compensation for their loss. A successful claim may result in a settlement or a verdict which gives victims the financial aid they require to recover from their injuries. 4. Road conditions that are unsafe Companies that operate trucks, as well their drivers, also have the responsibility of keeping their trucks in good working condition. Failure to do so could result in serious accidents. To ensure that the trucks are operating properly, mechanical components are often inspected and replaced. If this isn't the case it can result in a dangerous and unsafe roadway. The weather and road conditions can cause truck accidents too. Due to their size truck's size, they are more likely to be involved in accidents during stormy conditions and on roads that are wet. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration regulations regarding the amount of hours they can drive per day. These rules are intended to protect the public. However truckers who ignore these rules to meet deadlines or to make more money from employers, they place the public at risk. san mateo truck accident law firm and uneven surfaces can cause skidding. Other issues could be caused by inadequate lane markings, such as broken or solid lines that confuse drivers regarding which lane they're in, or merging ramps that are too narrow for large vehicles to safely switch lanes. If a car accident occurs due to road conditions that are not safe the trucking firm or government agency that is responsible for maintaining the road could be held accountable for the accident. The person responsible for causing the dangerous conditions needs to be proven guilty of violating its obligation of care. This can include negligent hiring, vehicle maintenance, and testing for drugs. California law permits victims to recover damages for medical bills and lost wages, as well as suffering and loss of quality life. 5. Injuries to Pedestrians Truck accidents can be extremely dangerous for pedestrians who are walking along streets or in their own yards. Pedestrians are often not protected from the weight and size of a truck and can be terribly injured or killed. In these cases an attorney who is able to handle personal injury will seek to recover compensation from the party who was negligent. In some cases the negligent party could be the driver of the truck who ran a red flag and struck the pedestrian. However, in other cases, it could be a trucking firm which allowed the trucker work longer than what is permitted by law, or failed to maintain the vehicle in a proper manner. Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. While this type of accident is not uncommon in any car accident, it could be more dangerous due to the fact that truck drivers tend to be higher in their cabs, and have larger blind areas which are difficult to spot. If a pedestrian is injured in a truck accident and is injured, they may be awarded damages for medical expenses as well as loss of earnings, pain and suffering, and property damage. In some cases, the plaintiff is found partly at fault for the accident due to their own actions (such as not transferring to the left side when the truck started to accelerate) the compensation they receive could be reduced accordingly. It is crucial to find a personal injury lawyer who is knowledgeable and experienced to handle your case. Contact us today to get started.