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Truck Accident Law A reputable lawyer for truck accidents is knowledgeable about the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. They will investigate to uncover evidence, including trucking company maintenance records that could be used to support a claim of negligence. A NYC truck accident lawyer can assist you in determining who's at fault for your incident and help you recover for your injuries. 1. Driver injured or fatigued If a car that is a passenger collides with a truck, the most effective method of determining the extent of liability is to review the driver's actions and mannerisms. bloomington truck wreck lawyer will review surveillance footage and witness statements to determine who was at fault. Many places are equipped with surveillance cameras, including most interstates and interchanges, as well some gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck wreck lawyer to determine a potential defendant, particularly if a driver was distracted or unobservant at the moment of the accident. In truck accidents the driver might have been injured or fatigued at the time of the incident. 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 company could also be held liable for the carelessness of their employees. A negligent hiring procedure or training policy could have led 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 increasing their risk of accident could have also contributed. If a hazardous road caused an accident, the government agency that is responsible for maintaining it could be held responsible. A truck accident lawyer who is well-versed can identify the responsible agency and then hire a construction or maintenance contractor with experience to look into the cause of any unsafe conditions in the event of a case. An experienced attorney can pinpoint various parties who could be responsible, and seek compensation from each source. 2. Defective Equipment Many truck accidents are caused by defective equipment, such as brakes and tires, coupling systems and cargo restraints. These items were designed to withstand a lot of wear and tear and should be maintained and repaired to avoid failure. When something goes wrong, it could leave the driver of a truck unable to control the vehicle and could result in fatal or serious collisions. The trucking company, manufacturer or parts dealer, or repair shop may all be accountable for the malfunction of truck parts and equipment. If an accident occurred as a result of a malfunctioning part or piece of equipment, the injured party may seek damages for economic and noneconomic losses. Economic damages include medical expenses both now and in the future, loss of income and the loss of earning potential. Noneconomic damages can include pain and discomfort as well as brain injuries that are traumatic, and emotional distress. In certain cases, punitive damages are awarded to punish the defendant and stop future mistakes. Despite the best efforts by trucking companies and drivers, equipment malfunctions are a given. When this happens, it's important to determine the liable parties so that you can seek compensation for your loss. If you've been in a truck accident The experienced lawyers at the Burch Law firm can assist. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will examine your case, find liable parties, and fight to secure the compensation you are entitled to. We can help you recover compensation to cover medical bills loss of wages, physical or mental suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours a day seven days a week to answer your calls. 3. Unproperly Loaded Cargo The cargo trucks transport on the road may seem easy enough, however there are strict rules that loaders and drivers must follow in terms of stacking and secure their loads. Infractions to these rules can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the main reasons for truck accidents. The majority of truck accidents result from cargo falling off the truck onto roads or other vehicles. This can be particularly risky since the cargo could cause an obstacle or create a danger on the road, forcing motorists to swerve or to crash into it. It may also fall onto pedestrians or riders on bicycles in the vicinity of a truck. Based on the circumstances surrounding the incident, there could be several parties at fault. A driver who was negligent while loading his or her cargo could be held responsible in the context of the legal theory respondeat superior. The trucking company employing that driver could also be held accountable in the sense that it is accountable for the actions of its employees under the principle of vicarious accountability. An experienced attorney for accidents involving trucks can use police reports and professional investigators to determine the root of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can help victims determine which defendants to submit a claim to compensation against. A successful claim may result in a verdict or settlement that will provide victims with the funds they require to recover. 4. Unsafe Road Conditions The drivers and trucking companies have a duty to keep their trucks in good condition. If they fail to do so it could lead to serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced to allow they to function properly. If this doesn't happen the result is an unsafe and dangerous road. Truck accidents can also be caused by dangerous weather and road conditions. Due to their size trucks are more likely to be involved in crashes during bad weather and on wet roads. In addition truck drivers must follow strict Federal Motor Carrier Safety Administration rules regarding how long they can travel each day. These regulations are designed to protect the public, but when truck drivers fail to follow them to meet deadlines or to get more money from their employers, it puts the public at risk. Potholes and uneven surfaces could cause skidding. Other problems can include inadequate markings for lane, such as broken or solid lines that confuse the driver regarding which lane they're in, or merging ramps that are too short for large vehicles to safely switch lanes. If a truck crash occurs because of road conditions that are not safe the trucking company or government agency responsible to maintain the road may be held accountable. It is essential to prove that the person responsible for the incident violated their duty of care by causing unsafe conditions. This can be a result of negligent hiring, maintenance of the vehicle, and drug screenings. California law allows victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality life. 5. Accidents involving pedestrians Truck accidents can be extremely dangerous for pedestrians who are walking along roads or in their yards. People who walk on foot are usually not protected from the enormous size and the weight of a truck and may suffer devastating injuries, which are often fatal, from these types of crashes. In these instances, an attorney for personal injury may seek compensation from the party who was negligent. In some cases, this may be as easy as the truck driver if they ran through a red light, and then struck the pedestrian, however in other instances, it could be the trucking company who allowed the trucker longer shifts than is permitted by law, did not perform proper maintenance on the vehicle, or conducted an examination of their background which would have revealed a history of unsafe driving behavior. Distraction or inattention are among the most frequent causes of accidents involving pedestrians and trucks. This kind of accident is very common in car accidents, but it can be fatal for truck drivers as they are higher and have more blind zones which are difficult to perceive. If a pedestrian is injured in a collision with a truck, they can be awarded damages for medical expenses, loss of earnings, injuries and suffering, as well as property damage. However, in some cases where the plaintiff is found to be partially responsible for the crash because of their own actions, such as failing to move over to the left shoulder when a truck started to swerve or avert, they may be awarded less compensation. This is why it is vital to choose a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to start.