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Truck Accident Law A lawyer for truck accidents who has experience in the field is well-versed in the laws that govern truck drivers and trucking companies. They will investigate and uncover evidence such as maintenance records of the trucking firm that could be evidence of negligence. A NYC truck accident lawyer can identify the parties who are negligent in your case and assist you in recovering from your injuries. 1. Fatigued or injured driver If a vehicle carrying passengers encounters a truck, the easiest way to determine liability is to scrutinize the manner of driving and behavior. A lawyer who handles truck accidents can examine video surveillance footage and witness testimony to pinpoint the driver who was at fault. Many places are equipped with surveillance cameras, which includes the majority of intersections and interchanges as in certain gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck wreck lawyer to identify a possible defendant, especially if the driver seemed distracted or unfocused at the time of the accident. In truck accidents the driver could be injured or fatigued at the time of the accident. A thorough examination of the driver's logs will reveal if they slept too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and demand adequate rest breaks. The trucking company may also be held accountable for negligence of their employees. A negligent hiring practice 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 may have contributed. Government agencies responsible for maintaining roads may also be liable if a hazardous roadway caused the accident. A skilled truck accident lawyer can identify the responsible agency and then hire a seasoned maintenance or construction contractor to examine the root of the unsafe condition in the event that it is applicable. A skilled attorney can identify multiple parties that may be responsible and seek compensation from all sources. 2. Defective Equipment Many truck accidents are caused due to defective equipment, such as brakes and tires, coupling systems, and cargo restraints. These components were developed to withstand heavy usage and must be maintained and repaired to avoid failure. When something goes wrong, the trucker might not be able to control their vehicle and this could result in fatal or serious accidents. The problem with defective parts and equipment for trucks could be the fault of a variety of entities that include the trucking firm as well as the manufacturer and the parts dealer or repair shop. If an accident happened because of a malfunctioning part or piece of equipment, the victim could seek compensation for economic and non-economic losses. Economic damages include future and present medical expenses, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering, traumatic brain injury and emotional distress. In some cases, punitive damages may also be available to punish the defendant to stop similar negligence from happening again in the future. Despite the best efforts of trucking companies and drivers, equipment malfunctions are bound to happen. When this happens, it is crucial to identify the responsible parties to pursue compensation for your loss. If you've been in a truck accident The experienced lawyers at Burch Law Firm can assist. Contact us today to schedule a free consultation. Our lawyers will examine your case, identify the responsible parties, and fight to secure the compensation you deserve. We can help you obtain the compensation you deserve for medical bills and lost wages at work as well as physical and mental suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls anytime and seven days a semaine. 3. Unloading Cargo Unsafely Drivers and loaders of trucks must adhere to strict rules when it comes to stacking and securing the cargo they transport on the road. Any failure to comply with these guidelines could lead to serious problems. In a study conducted recently, the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading causes of truck accidents. The majority of truck accidents result from cargo falling off the truck onto other vehicles or roadways. This is particularly dangerous since the cargo could cause an obstacle or cause a danger to the road, causing other drivers to swerve or hit it. It can also fall onto people who are walking or riding a bicycle in the vicinity of the truck. Depending on the way in which the accident occurred, a number of parties could be responsible. If an individual driver was negligent in loading their cargo, for instance this person could be held accountable according to the legal theory of respondeat superior. The trucking company who employed the 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. In cases where an accident was caused by improperly loaded or secured cargo, a seasoned truck accident lawyer will use professional investigators and police reports to determine the cause of the accident and who was accountable. An attorney from Cordisco & Saile LLC can assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim may result in a settlement or verdict which gives victims the financial assistance they require to recover from the injuries they sustained. 4. Road conditions that are unsafe Trucking companies, as as their drivers, have the responsibility of keeping their trucks in good working order. If they don't, it can result in serious accidents. Trucks are often equipped with mechanical parts which need to be inspected and replaced in order for them to function correctly. If this isn't done, it can lead to a dangerous and unsafe road. The road and weather conditions can cause truck accidents too. Due to their size, trucks are more likely to crash in stormy conditions and on roads that are wet. Additionally truck drivers must follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they are allowed to drive in a day. These rules are intended to protect the public, but when truck drivers ignore them to meet deadlines or to make more money from their employers, it puts the public at risk. Potholes and uneven surfaces could cause skidding. Other issues include insufficient road markings, such solid or broken lines that confuse the driver about the lane they're in, and merging ramps that are too short for large vehicles to safely switch lanes. If a truck accident happens due to poor road conditions, the trucking firm or government agency that has the responsibility to maintain the road may be held accountable. The party responsible for creating the unsafe conditions has to be proven guilty of violating its obligation of care. This could be due to negligent hiring, vehicle maintenance, and testing for drugs. California law allows victims to recover damages for medical bills, lost wages, suffering and loss of quality life. 5. Injury to a pedestrian Truck accidents can be extremely hazardous for pedestrians walking along the streets or in their own yards. Most pedestrians don't have protection from the huge size and the weight of a truck and may suffer devastating injuries, which are often fatal, from such crashes. In these types of cases, a personal injury attorney will seek compensation from any person that was negligent. In some cases it could be as simple as suing the truck driver who ran an intersection and struck the pedestrian, but in others, it could be the trucking company who allowed the trucker to work longer hours than permitted by law, failed to conduct proper maintenance on the vehicle, or conducted an examination of their background that would have found the existence of a history of dangerous driving habits. elgin truck accident lawsuit involving trucks and pedestrians are most often caused by drivers' inattention or distraction. This kind of accident is common in car accidents, but it can be fatal for truck drivers because they are higher and have a larger blind zone that are difficult to discern. If a pedestrian is injured in a car accident it is possible to be awarded damages for medical bills or loss of earnings pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partially at fault for the crash due to their own actions, for example, not moving over to the left shoulder when a truck started to swerve, they will receive compensation that is reduced. This is why it is important to hire a knowledgeable and experienced personal injury lawyer to take care of your case. Contact us today to start.