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Truck Accident Law A competent truck accident lawyer is knowledgeable about the trucking industry, including specific laws applicable to truck drivers and trucking companies. They will conduct an investigation to find evidence, like maintenance records of a trucking company which could support a claim of negligence. A NYC truck accident lawyer can help you determine who is at fault for your incident and help you recover your injuries. 1. Fatigued or injured driver The simplest method to determine who is at fault in a collision between two vehicles, a truck and a car is to examine the driver's behavior. A lawyer who handles truck accidents can examine surveillance footage and witness statements to determine which driver was at fault. Many locations are equipped with surveillance cameras, which includes the majority of interstates and interchanges, as well as some hotels, gas stations, restaurants, and other businesses. A skilled truck accident lawyer can use this evidence in order to identify a potential defendant, particularly when the driver seemed unobservant or distracted when the accident occurred. In cases of truck accidents it could be that the driver was tired or injured at the time of the accident. A thorough investigation of the driver's logs will reveal if they slept too long without sleep or did not follow Motor Carrier Safety Regulations that restrict the amount of time truckers can be on the road and demand regular rest breaks. The trucking company may also be held accountable for the negligence of their employees. A negligent hiring or training process may have contributed to the accident, as could the policies that encourage drivers to stay on the road for as long as they can while limiting their rest and sleep time and thereby increasing the risk of an accident. The government agencies that maintain roads may also be accountable if a dangerous road caused the accident. A seasoned truck accident lawyer can identify the responsible agency and employ a competent construction or maintenance contractor to examine the root of the unsafe condition in the event that it is applicable. 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 due to defective equipment, like brakes and tires, coupling systems, and cargo restraints. These items were designed to withstand the rigors of use and should be maintained and repaired to prevent failure. If something goes wrong, a trucker may be unable to control their vehicle, and this can lead to serious or fatal accidents. The trucking company, manufacturer or parts dealer, or repair shop can all be accountable for the malfunction of truck parts and equipment. If an accident happened because of a malfunctioning part or piece of equipment, the person injured may seek damages for economic and noneconomic damages. Economic damages include current and future medical expenses, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering trauma to the brain emotional distress, and traumatic brain injury. In some cases punitive damages could be available to punish the defendant in order to stop similar mistakes from occurring again. Despite the best efforts of trucking companies and their drivers, some equipment issues are inevitable. When this happens, it's important to determine the liable parties to pursue compensation for your losses. The experienced attorneys at Burch law firm are able to assist those who have been involved in a collision with a truck. Contact us today to schedule an appointment at no cost. Our lawyers will examine the case, find responsible parties and fight to get the compensation you deserve. We can assist you in obtaining compensation for medical expenses, lost work wages, and physical and emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are available to take your calls 24 hours a day 7 days a week. 3. Unloading Cargo Unsafely Truck drivers and loaders must adhere to strict regulations in stacking and secure the cargo they transport on the road. If they don't follow these guidelines can cause serious problems. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most common causes of truck accidents. The majority of these truck accidents result from cargo falling off the truck onto other vehicles or roads. This can be especially dangerous since the cargo could cause an obstacle or hazard on the road, forcing motorists to swerve or hit it. It may also fall onto people walking or riding bicycles in the vicinity of trucks. Depending on the circumstances of the accident, there may be a variety of parties responsible. A driver who was negligent in loading his or her cargo might be held liable in the context of the legal theory respondeat superior. However, the trucking company that employs that driver might be also liable since it is accountable for the actions of its employees in accordance with the principle of vicarious liability. An experienced lawyer for truck accidents can make use of police reports and professional investigators to determine the root of an accident caused by inadequately secured or loaded cargo. An attorney from Cordisco and Saile LLC can assist victims in determining the right defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim can result in a settlement or a verdict that gives victims the financial support they require to recover from the injuries they sustained. 4. Unsafe Road Conditions Trucking companies and their drivers are required to keep their trucks in a good working condition. If they fail to follow this it could lead to serious accidents. There are many mechanical parts in trucks which need to be inspected and replaced to allow them to function correctly. When this doesn't happen it results in dangerous and unsafe roads. The weather and road conditions can also trigger truck accidents. Due to their size truck's size, they are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration rules about the number of hours they are allowed to drive in a day. These rules are intended to protect the public, but if truck drivers do not follow them to meet deadlines or to gain more money from their employers, it puts the public at risk. Potholes and uneven surfaces can cause skidding. Other issues include insufficient road markings, such solid or broken lines that confuse the driver about which lane they are in, or merging ramps that are too narrow for large vehicles to safely switch lanes. If a truck accident happens due to poor road conditions the trucking company or government agency responsible to maintain the road could be held accountable. The person responsible for causing the hazardous conditions must be proven to have breached its duty of care. This could be due to negligent hiring or maintenance of the vehicle, as well as drug testing. In accordance with California law, victims can claim compensation for medical bills as well as lost income, suffering, and loss of quality of life. 5. Injuries to Pedestrians Truck accidents pose danger to pedestrians walking along roads or even in their yards. Most pedestrians don't have protection from the size and weight of a truck, and can suffer catastrophic injuries, which are often fatal, from these kinds of accidents. In these types of cases an attorney for personal injury will seek compensation from any party who was negligent. In some cases the negligent party could be the truck driver who ran a red signal and hit the pedestrian. In other instances it could be a trucking business that allowed the trucker to work longer than the law allows or did not maintain the vehicle properly. Accidents involving trucks and pedestrians are usually caused by the driver's lack of attention or apathy. Although this type of incident is normal in any car accident, it could be more deadly due to the fact that truck drivers are generally higher up in their cabs. They also have bigger blind areas which are difficult to spot. A pedestrian who is injured in a collision with a truck may receive compensation for medical costs, lost earnings, discomfort and pain, as well as property damage. In some instances, the plaintiff is determined to be partially accountable for the incident due to their own actions (such as not transferring to the left side when the truck started to turn), their compensation can be reduced accordingly. yakima truck accident lawsuit is essential to choose an attorney for personal injuries that is experienced and knowledgeable to handle your case. Contact us today to get started.