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Truck Accident Law A competent truck accident lawyer possesses in-depth knowledge of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will seek out evidence, like maintenance records of a trucking company that could be used to justify a claim of negligence. A NYC truck accident lawyer can assist you in determining who is the fault in your situation and assist you in recovering your injuries. 1. Fatigued or Injured Driver When a passenger vehicle is involved in a collision with a truck the most effective method to determine the liability is to review the driver's actions and demeanor. A lawyer for truck accidents can examine surveillance footage and witness statements to determine which driver was responsible for the accident. Many places are equipped with surveillance cameras, including most intersections and interchanges as certain gas stations, hotels restaurants, and other establishments. A skilled truck accident lawyer can use this evidence in order to identify a potential defendant, particularly when the driver was unobservant or distracted at the time of the crash. In the event of a truck crash, it is also possible that a driver was fatigued or even injured at the time of the crash. A thorough investigation of the driver's track logs will reveal if they slept too long without sleep or did not follow Motor Carrier Safety Regulations that limit the amount of time that truckers spend on the road and require sufficient rest breaks. The trucking company could be held accountable for negligent acts of their employee. 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, while reducing their rest and sleep times and putting them at risk for accidents could have also contributed. Government agencies that are responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A seasoned truck accident lawyer will identify the relevant agency and enlist a skilled construction or maintenance contractor to look into the cause of the dangerous condition and if it's applicable. A skilled attorney can identify multiple parties that may be liable and seek compensation from all sources. 2. Defective Equipment Many truck accidents are caused by malfunctioning equipment, such as brakes and tires, coupling systems and cargo restraints. These items were designed to withstand heavy usage and must be properly maintained and repaired to prevent failure. If something goes wrong, a trucker may be unable to control their vehicle and it could cause fatal or serious accidents. Damaged parts and equipment for trucks could be the fault of several different entities that include the trucking firm and the manufacturer as well as the repair or parts dealer shop. If an accident occurred as a result of a defective part or piece of equipment, the person injured could seek compensation for economic and noneconomic damages. Economic damages include future and current medical expenses loss of income, loss of earning capacity. Noneconomic damages may include discomfort and pain, traumatic brain injuries, and emotional anxiety. In certain cases punitive damages could be available to punish the defendant to prevent similar negligence from happening again in the future. Despite the best efforts of trucking companies and their drivers problems will arise. When this happens, it is important to determine the liable parties in order to seek compensation for your loss. If you've been in a truck collision the skilled attorneys at the Burch Law Firm can assist. Contact us today for a free consultation. Our lawyers will examine the case, identify the responsible parties and fight for the compensation you're due. bloomington truck wreck lawyer can help you recover compensation for medical expenses as well as lost wages and emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day seven days a week to take your call. 3. Unproperly Loaded Cargo Truck drivers and loaders must adhere to strict regulations when it comes to stacking and securing cargo they transport on the roads. Failure to follow these guidelines could cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the major reasons for truck accidents. The majority of these truck crashes result from cargo falling from the vehicle onto other vehicles or roadways. This is especially dangerous because the cargo can cause a danger or obstruction on the road, and force other drivers to slow down. It could also fall onto people walking or riding bicycles in the vicinity of the truck. Based on the circumstances surrounding the accident, there may be multiple parties at fault. If the driver was negligent when loading their cargo, for instance the driver could be held responsible under the legal doctrine of respondeat superior. However the trucking company that employs the driver could be held accountable, too, because it is liable for the actions of its employees in accordance with the principle of vicarious liability. In instances where an accident happened because of unsafely loaded or secured cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco and SAIL LLC attorney will assist victims to determine who they should submit a claim to compensation against. A successful claim could result in a settlement or verdict which provides victims with the financial support they require to recover from the injuries they sustained. 4. Unsafe Road Conditions Trucking companies and their drivers are obliged to keep their trucks in good working condition. If they fail to do this they could cause serious accidents. Trucks are often equipped with mechanical parts which need to be inspected and replaced in order for they to function properly. If this doesn't happen, the result is an unsafe and hazardous road. The conditions of the road and weather can also trigger truck accidents. Due to their size, trucks are more likely to be involved in crashes during bad weather conditions and on roads with a lot of water. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of time they can drive per day. These rules are meant to safeguard the public. However, when truckers ignore them to meet deadlines, or to get more money from employers, they put the public at risk. Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings like broken or solid lines of lane that confuse drivers about which lane they're in, and merging lane ramps that are too small for large vehicles to safely switch lanes. If a car accident occurs because of poor road conditions, the trucking firm or the government agency that is responsible to maintain that road may be held accountable. It is essential to prove that the person in question breached their duty of care by creating dangerous conditions. This may include negligent hiring, maintenance of the vehicle, or drug screenings. California law allows victims to claim damages for medical bills, lost wages, suffering and loss of quality of life. 5. Injuries to pedestrians Truck accidents are dangerous for pedestrians on the streets or even in their yards. People who walk on foot are usually not protected from the enormous size and weight of a large truck, and could suffer severe and often fatal injuries in such crashes. In these cases, an attorney for personal injury will seek to recover compensation from the responsible party. In certain cases the negligent party could be the driver of the truck who ran a red light and hit the pedestrian. However, in other cases, it could be a trucking business which allowed the trucker to work longer than the time allowed by law or failed to maintain the vehicle in a proper manner. Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. This kind of accident is very common in car accidents, but it could be deadly for truck drivers because they are higher and have greater blind zones that are difficult to discern. If a pedestrian is injured in a crash involving a truck the pedestrian may be awarded damages for medical expenses and loss of earnings, suffering and property damage. In some cases, the plaintiff is found partially at fault for the incident because of their own actions (such as not turning over to the left side when the truck started to swerve) the compensation they receive could be reduced in proportion. This is why it's crucial that you retain an experienced and knowledgeable personal injury attorney to manage your case. Contact us now to get started.