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Truck Accident Law A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will look into and find evidence such as maintenance records of the trucking company that may prove negligence. A NYC truck accident lawyer in NYC can assist you in determining who's at fault in your case and help you recover for your injuries. 1. Fatigued or Injured Driver If a car that is a passenger is involved in a collision with a truck the most efficient method of determining the extent of liability is to examine the driver's actions and demeanor. A truck accident lawyer can make use of surveillance footage and witness testimony to determine the driver who is at fault. A lot of places are equipped with surveillance cameras, including most interchanges and intersections as well as some hotels, gas stations, restaurants, and other businesses. A skilled truck accident lawyer can use this evidence to identify the potential defendant, particularly when the driver was unobservant or distracted at the time of the accident. In the event of a truck accident the driver may have been fatigued or injured at the time of the accident. The road logs of the drivers could reveal if they slept too little or did not observe the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road. The trucking company could be held accountable for the negligent acts of their employee. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep time and thereby increasing their risk of being injured could have also contributed. Government agencies responsible for maintaining roads may also be liable if a hazardous roadway caused the accident. A seasoned truck accident lawyer can identify the appropriate agency and enlist a skilled construction or maintenance contractor to look into the cause of the unsafe situation in the event that it is applicable. An experienced attorney can identify multiple parties that may be responsible and seek compensation from all sources. 2. Defective Equipment Many truck accidents occur as a result of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand heavy usage and must be maintained and repaired to avoid failure. If something goes wrong, truckers may not be able to control their vehicle and this could result in serious or fatal accidents. The trucking company, manufacturer, parts dealer or repair shop can be held accountable for the defective truck parts and equipment. If an accident occurred because of a defective part or piece of equipment, the injured party could seek damages for both economic and noneconomic damages. Economic damages include medical expenses now and in the future, loss of income and loss of earning potential. Noneconomic damages could include discomfort and pain and brain injuries that cause trauma and emotional anxiety. In some cases punitive damages can be available to punish the defendant in order to stop similar negligence from occurring again. Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. When this happens, it's important to determine the liable parties so that you can claim compensation for your loss. The experienced attorneys at Burch law firm are able to assist those who have been in a truck accident. Contact us today to set up a free consultation. Our lawyers will analyze the case, identify the responsible parties, and fight to get the compensation you deserve. We can help you obtain compensation to pay medical bills, lost wages, and emotional or physical suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day and 7 days a week to answer your call. 3. Improperly loaded Cargo Truck drivers and loaders must adhere to strict regulations when it comes to stacking and securing the cargo they transport on the roads. Failure to adhere to these guidelines could cause serious issues. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the main causes of truck accidents. Most of these truck accidents result from cargo falling from the vehicle onto roadways or other vehicles. This can be extremely dangerous since the cargo may cause a danger or an obstacle on the road, and force other drivers to slow down. It could also fall on pedestrians who are walking or riding a bicycle within the vicinity of the truck. Depending on how the accident was triggered, several parties could be responsible. A driver who was negligent when loading his cargo may be held accountable according to the legal doctrine of respondeat superior. The trucking company that employed the driver could also be held accountable for the negligence of its employees, since it is responsible for the actions of its employees under the principle of vicarious accountability. In cases in which an accident happened because of unsafely 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. An attorney from Cordisco and Saile LLC can help victims determine the appropriate defendants to file a claim against for compensation for their losses. A successful claim may result in a settlement or a verdict that provides victims with the financial aid they require to recover from the injuries they sustained. 4. Unsafe Road Conditions The trucking companies, as well their drivers, share a responsibility to maintain their trucks in good working condition. Failure to do so could lead to serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced to allow them to function properly. If this isn't done, it could cause a dangerous and unsafe road. The weather and road conditions can also lead to truck crashes. Due to their massive size, trucks are much more likely to be involved in crashes when they travel in bad weather conditions or on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines on the amount of time they are allowed to drive in a 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 could cause skidding. Other problems include inadequate lane markings like broken or solid lane lines that make drivers confused about which lane they're on, and merging ramps for lane switching that are too small for large vehicles to safely switch lanes. If a car accident occurs because of poor road conditions the trucking company or government agency accountable to maintain that road could be held accountable. The person who caused the unsafe conditions has to be proven to have breached its duty of care. This can include negligent hiring or maintenance of vehicles, as well as testing for drugs. California law allows victims to claim damages for medical expenses, lost wages, suffering and loss of quality life. 5. Injuries to pedestrians Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. Most pedestrians don't have protection from the enormous size and weight of a truck and can suffer catastrophic and often fatal injuries in such crashes. In these types of situations an attorney for personal injury will pursue compensation from any party who was negligent. In some cases the negligent party could be the driver of the truck who ran a red signal and hit the pedestrian. However, in other cases, it could be a trucking company which allowed the trucker to work longer than the time allowed by law or failed to maintain the vehicle properly. Distraction or inattention are the most common causes of accidents involving pedestrians and trucks. This kind of accident happens frequently in car accidents, but it can be deadly for truck drivers because they are higher and have more blind zones which are difficult to spot. maryland truck accident attorney injured in a truck crash can receive damages for medical expenses, lost earnings, pain and discomfort, and property damage. In some instances, the plaintiff is found to be partially at fault for the accident because of their own actions (such as not moving over to the left side when the truck started to turn) the compensation they receive could be reduced according to. It is important to hire an attorney for personal injuries who is skilled and experienced to take care of your case. Contact us now to begin.