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Truck Accident Law A competent truck accident lawyer has a deep understanding of the trucking industry, encompassing the specific laws that govern truck drivers and trucking companies. allen truck accident lawyer will search for and uncover evidence like maintenance records of the trucking company that could be evidence of negligence. A NYC truck accident lawyer can help you determine who is the fault in your situation and assist you in recovering your injuries. 1. Driver injured or fatigued The most effective method of determining who is at fault in a collision between an automobile and a vehicle is to scrutinize the driver's behavior. An attorney for truck accidents can utilize surveillance footage as well as testimony from witnesses to determine the driver who is at fault. Many places are equipped surveillance cameras, including the majority of interchanges and intersections as well some gas stations, hotels restaurants, and other establishments. This evidence can be used by a truck wreck lawyer to identify a possible defendant, particularly if a driver was distracted or unobservant at the time of the accident. In the event of a truck accident the driver could have been injured or fatigued at the time of the accident. A thorough investigation of the driver's logs will reveal if they slept too long without sleeping or if they failed to 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 could also be held accountable for negligent actions of their employees. A negligent hiring or training process could have contributed to this accident, as could the policies that encourage drivers to stay on the road for as long as they can, minimizing their rest and sleep time and increasing their risk of an accident. The government agencies responsible for maintaining roads can also be held responsible if a hazardous road contributed to the accident. A truck accident lawyer who is well-versed can identify the responsible agency and hire a contractor for construction or maintenance who has experience to determine the root cause of any hazardous conditions or other unsafe conditions, if applicable. An experienced lawyer can identify multiple parties that may be responsible and seek compensation from each source. 2. Defective Equipment Many truck accidents are the result of defective equipment. This includes brakes, tires and cargo restraints. These equipments are designed to withstand rigorous usage and must be examined, maintained, and repaired to prevent failure. If something goes wrong, truckers may not be able to control their vehicle, and this could lead to fatal or even fatal accidents. The problem with defective truck parts and equipment could be the fault of a number of entities, including the trucking company and the manufacturer as well as the parts dealer or repair shop. If an accident occurred because of a defect in a component or piece of equipment, the injured person could seek damages for both economic and noneconomic losses. Economic damages include medical expenses today and in the near future, loss of income and loss of earning potential. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress. In some cases punitive damages might be available to punish the defendant to prevent similar negligence from happening in the future. Even with the best efforts of trucking companies and drivers, equipment problems are inevitable. It is important to identify the parties responsible in order to pursue compensation for the loss. The experienced attorneys at Burch law firm are able to assist you if you have been involved in a collision with a truck. Contact us today for an initial consultation for free. Our lawyers will analyze your case, identify the responsible parties and fight for the compensation you deserve. We can help you get compensation for medical expenses or lost wages, as well as physical or mental suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours a day and 7 days a week to answer your calls. 3. Unproperly Loaded Cargo The cargo that trucks carry on the road may seem easy enough, but there are strict regulations that loaders and drivers must adhere to when stacking and securing their loads. If they don't follow these guidelines could lead to serious issues. In a recent study the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main reasons for truck accidents. The majority of these truck accidents are caused by cargo falling from the vehicle onto roads or other vehicles. This can be particularly risky because the cargo might create an obstruction or create a risk on the road, forcing motorists to swerve or to crash into it. It could also fall on pedestrians or cyclists riding bicycles in the vicinity of trucks. Depending on the way in which the accident was triggered, several parties could be responsible. A driver who was negligent while loading his or cargo could be held responsible under the legal theory respondeat superior. However the trucking company that employs that driver might be equally liable, because it is liable for the actions of its employees under the principle of vicarious liability. In cases in which an accident happened because of unsecurely loaded or secured cargo, a skilled truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who was responsible. A Cordisco and SAIL LLC attorney will assist victims to determine which defendants to pursue a claim for compensation against. A successful claim can result in a settlement or a verdict that gives victims the financial assistance they need to recover from the injuries they sustained. 4. Unsafe Road Conditions The trucking companies, as well as their drivers, have the responsibility of keeping their trucks in a good working condition. Failure to do so can lead to serious accidents. To ensure that trucks work properly, mechanical parts are often checked and replaced. If this is not done, it could lead to a dangerous and unsafe road. Truck crashes can also be caused by hazardous weather and road conditions. Due to their massive dimensions, trucks are more likely to be involved in a crash when they drive in adverse conditions or on roads that are wet. Additionally truck drivers are required to follow strict Federal Motor Carrier Safety Administration rules regarding how long they can drive per day. These rules are intended to protect the public, but if truck drivers ignore them in order to meet deadlines, or to earn more money from their employers, they put the public at risk. Unsafe road conditions could include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that can cause skidding. Other issues include insufficient markings for lane lines, like solid or broken lines that confuse the driver about which lane they are in, and merging ramps that are too narrow for large vehicles to safely switch lanes. If a car accident occurs because of poor roadway conditions, the trucking firm or government agency that is responsible for maintaining the road could be held accountable for the incident. It is essential to prove that the party responsible for the incident violated their duty of care by causing unsafe conditions. This could include negligent hiring and maintenance of the vehicle, or drug screenings. Under California law, the victims may seek compensation for medical bills as well as lost income, suffering and loss of quality of life. 5. Pedestrian injuries Truck accidents can be extremely dangerous for pedestrians who are walking along roadways or even in their own yards. The pedestrians aren't always protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries. In these kinds of cases, a personal injury attorney will seek compensation from the party who was negligent. In some instances it could be as simple as suing the truck driver if they ran at a red light and hit the pedestrian, however in other instances, it could be the trucking company who permitted the trucker to work longer shifts than is permitted by law, did not perform proper maintenance on the vehicle, or even conducted a background check that would have found the history of unsafe driving habits. Accidents involving pedestrians and trucks are often caused by the driver's lack of attention or apathy. While this kind of incident is not uncommon in any car accident, it could be more deadly due to the fact that truck drivers are typically higher up in their cabs and have bigger blind spots that are hard to see. A pedestrian who is injured in a collision with a truck may receive damages for medical expenses, lost earnings, discomfort and pain, as well as property damage. In some cases, the plaintiff is found partially accountable for the incident due to their own actions (such as not stepping over to the left side when the truck started to turn), their compensation can be reduced in proportion. This is why it's crucial that you retain an experienced and knowledgeable personal injury attorney to take care of your case. Contact us now to begin.