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Truck Accident Law A truck accident lawyer with knowledge of the field has a deep understanding of the laws which govern truck drivers and trucking firms. They will investigate to uncover evidence, like the maintenance records of trucking companies which could support a claim of negligence. A NYC truck accident lawyer can assist you in determining who's responsible for your accident and help you recover your injuries. 1. Driver injured or fatigued When a passenger vehicle collides with a truck, the most effective way to determine liability is to look at the manner of driving and behavior. A truck accident lawyer can utilize surveillance footage and witness testimony to determine the driver who is at fault. Many places are equipped surveillance cameras, including most intersections and interchanges as some gas stations, hotels, restaurants, and other establishments. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, especially if the driver seemed distracted or unfocused at the moment of the accident. In the case of truck accidents it could be that the driver was tired or injured at the time of the crash. A thorough review of the driver's logs will reveal if they slept too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and demand sufficient rest breaks. The trucking company could also be held accountable for the negligent acts of their employee. 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, thus reducing their rest and sleep times and increasing their accident risk, may also have contributed. If a hazardous road contributed to an accident, the government agency responsible for maintaining it can be held responsible. A seasoned truck accident lawyer can identify the responsible agency and enlist a skilled maintenance or construction contractor to determine the cause of the unsafe situation, if applicable. A knowledgeable attorney can also determine the various parties that could be liable and pursue compensation from all sources. 2. Defective Equipment Many truck accidents happen because of malfunctioning equipment. This includes brakes, tires and cargo restraints. These equipments are designed to endure rigorous use and should be assessed and maintained to prevent failure. When something goes wrong it could make the truck driver unable control the vehicle and may cause fatal or serious collisions. The trucking company, the manufacturer or parts dealer, or repair shop could be held accountable for the defective truck parts and equipment. If an accident occurred because of a defect in a component or piece of equipment, the injured party could pursue damages for economic and noneconomic losses. Economic damages can include medical expenses both now and in the future, lost income and loss of earning potential. Noneconomic damages include pain and suffering trauma to the brain emotional distress. In some cases, punitive damages may also be available to punish the defendant in order to prevent similar negligence from happening in the future. Even with the best efforts of trucking companies and drivers, equipment problems will always occur. When this happens, it is crucial to identify the responsible parties to claim compensation for your loss. If you've been involved in a collision with a truck, the experienced attorneys at Burch Law Firm can assist. Contact us today for an appointment for a no-cost consultation. Our lawyers will review your case, determine liable parties and fight to get the compensation you're entitled to. We can assist you in recovering the compensation you deserve for medical bills and lost wages at work and emotional and physical suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls 24 hours a day, seven days a week. 3. Improperly Loaded Cargo The cargo trucks transport on the roads may seem simple enough, but there are strict regulations that loaders and drivers must adhere to when stacking and secure their loads. Infractions to these guidelines could cause serious issues. In a recent study the Federal Motor Carrier Safety Administration found that shifting cargo was one of the most common causes of truck accidents. A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or the road. This is particularly dangerous because the cargo might create an obstacle or cause a danger to the road, causing drivers to turn around or to crash into it. It could also fall on people who are cycling or walking within the vicinity of the truck. Depending on the way in which the accident occurred, multiple parties may be responsible. If a driver was negligent while loading their cargo, for instance this person could be held responsible under the legal principle of respondeat superior. The trucking company that employed that driver may also be liable for its actions, since it is responsible for the actions of its employees in the spirit of vicarious responsibility. In instances where an accident happened because of improperly loaded or secured cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine what went wrong and who was accountable. A Cordisco and SAIL LLC attorney can help victims determine who they should file a claim for compensation against. A successful claim can result in a settlement or verdict that provides victims with the financial aid they need to cover the costs of. 4. Unsafe Road Conditions Trucking companies and their drivers have a duty to keep their trucks in good condition. If they do not it could result in serious accidents. Trucks are often equipped with mechanical parts that must be inspected and replaced to allow they to function properly. When this doesn't happen the result is dangerous and unsafe roads. Accidents involving trucks can also be caused by dangerous weather and road conditions. Because of their size trucks are more likely to crash in stormy conditions and on roads that are wet. In addition, truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can travel each day. These rules are designed to protect the public, but if truck drivers fail to follow them to meet deadlines or to earn more money from their employers, it puts the public at risk. Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings, such as solid or broken lines of lane that confuse drivers about what lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes. If a truck accident occurs because of road conditions that are not safe the trucking company or government agency that has the responsibility to maintain that road may be held accountable. The party who created the hazardous conditions must be proven guilty of violating its duty of care. This could be due to negligent hiring or vehicle maintenance, as well as drug testing. naperville truck accident law firm permits victims to recover damages for medical expenses or lost wages, pain and loss of quality of life. 5. Injury to a pedestrian Truck accidents pose danger to pedestrians who are walking along the roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck, and may suffer catastrophic or fatal injuries. In these instances, an attorney for personal injury will seek to recover compensation from the party who was negligent. In some cases, this may be as simple as the truck driver who ran through a red light, and then struck the pedestrian, but in other cases it could be the trucking company who allowed the trucker longer shifts than is permitted by law, did not maintain the vehicle, or conducted a background check that could have revealed the existence of a history of dangerous driving behavior. Distraction or inattention are two of the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is very common in car accidents, but it can be deadly for truck drivers because they are higher and have a larger blind zone that are difficult to see. If a pedestrian gets injured in a collision with a truck and is injured, they may be awarded damages for medical bills, loss of earnings, pain and suffering, as well as property damage. In some instances, the plaintiff is found partially accountable for the incident due to their own actions (such as not turning over to the left side when the truck began to slow down) their compensation could be reduced in proportion. This is why it's important to hire an experienced and knowledgeable personal injury attorney to take care of your case. Contact us now to get started.