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Truck Accident Law A truck accident lawyer with expertise in the field is well-versed in the laws that govern truck drivers as well as trucking firms. They will conduct an investigation to find evidence, like trucking company maintenance records which could provide evidence to support a claim of negligence. A NYC truck accident attorney can determine who is at fault in your case and assist you in recovering from your injuries. 1. Fatigued or injured driver The most effective method of determining who is at fault in a collision between an automobile and a vehicle is to scrutinize the behavior of the driver. An attorney for truck accidents can make use of surveillance footage and witness testimonies to determine the driver at fault. Many places are equipped with surveillance cameras, such as most intersections and interchanges as well like some gas stations, hotels restaurants, and other businesses. A skilled truck accident lawyer could use this evidence to identify a potential defendant, particularly when the driver seemed unobservant or distracted when the accident occurred. In truck accidents the driver may have been fatigued or injured at the time of the incident. The road logs of the drivers will reveal if they were sleeping too much or did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road. The trucking company may also be held accountable for the negligent acts of their employee. A negligent hiring or training method could have contributed to the accident, as could policies that encourage drivers to stay on the road for as long as is possible, minimizing their sleep and rest time and increasing their chances of causing an accident. If a hazardous road caused an accident, the government agency responsible for maintaining it can be held responsible. A truck accident lawyer who is experienced will identify the person responsible and hire a contractor for construction or maintenance who has experience to determine the root cause of any hazardous conditions and, if necessary, to determine the cause. A seasoned attorney can determine which parties could be responsible and seek compensation from all sources. 2. Defective Equipment Many truck accidents happen because of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to endure rigorous use and should be inspected, maintained, and repaired to avoid failure. If something goes wrong, the trucker might not be able to control their vehicle and this can lead to fatal or serious accidents. The trucking company, the manufacturer of parts, the parts dealer, or repair shop could all be held accountable for malfunctioning truck parts and equipment. If an accident occurred as a result of a malfunctioning part or piece of equipment, the injured person may seek damages for economic and non-economic losses. Economic damages include medical expenses both now and in the future, lost income and loss of earning potential. Noneconomic damages could include pain and discomfort, traumatic brain injuries, and emotional anxiety. In certain cases, punitive damages can be given to punish the defendant and stop future mistakes. Despite the best efforts by trucking companies and drivers equipment malfunctions are inevitable. It is crucial to identify the responsible parties in order to seek compensation for the losses. chesapeake truck accident attorney experienced lawyers at Burch law firm are able to assist you if you have been involved in a truck crash. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will analyze the case, determine responsible parties and fight to get the compensation you deserve. We can assist you in obtaining the amount you need to pay for medical bills or lost wages, as well as physical or emotional pain. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day seven days a week to take your call. 3. Unloading Cargo Incorrectly Truck drivers and loaders must adhere to strict regulations when it comes to stacking and secure the cargo they transport on the roads. Infractions to these guidelines could cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the leading causes of truck accidents. Many of these truck crashes involve cargo falling off the vehicle and onto other vehicles or the roadway. This is particularly dangerous since the cargo could cause an obstacle or create a danger on the road, forcing motorists to swerve or crash into it. It may also fall onto pedestrians or cyclists riding bikes within the vicinity of a truck. Based on the circumstances surrounding the incident, there could be multiple parties at fault. A driver who was negligent when loading his cargo may be held responsible according to the legal doctrine of respondeat superior. However the trucking company that employs the driver could be equally liable, because it is liable for the actions of its employees in accordance with the principle of vicarious liability. In cases in which an accident was caused by inadequately secured or loaded cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco and Saile LLC may help victims identify the right defendants to bring a lawsuit against for compensation for their losses. A successful claim could result in a settlement or verdict that will provide victims with the funds they require to cover the costs of. 4. Unsafe Road Conditions The drivers and trucking companies are obliged to keep their vehicles in good condition. If they fail to do this, it can lead to serious accidents. There are many mechanical parts in trucks that need to be checked and replaced to allow them to function properly. If this isn't done, the result is an unsafe and dangerous road. Truck crashes can also be caused by dangerous weather or road conditions. Due to their huge size, trucks are more likely to be involved in a crash when they travel in bad weather or on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they can drive per day. These rules are intended to protect the public, but if truck drivers don't follow them in order to meet deadlines or get more money from their employers, it puts the public at risk. Potholes and uneven surfaces could cause skidding. Other problems can include inadequate lane markings, such as solid or broken lines that confuse drivers on which lane they're in, and merging ramps that are too narrow for large vehicles to safely switch lanes. If a truck accident happens because of poor road conditions, the trucking firm or government agency responsible to maintain that road could be held responsible. The person responsible for causing the hazardous conditions must be proven guilty of violating its obligation of care. This could be due to negligent hiring or maintenance of vehicles, as well as drug testing. California law permits victims to recover damages for medical bills, lost wages, suffering and loss of quality life. 5. Accidents involving pedestrians Truck accidents can be extremely dangerous for pedestrians walking along roadways or even in their yards. Most pedestrians don't have protection from the size and weight of a truck and they can sustain catastrophic injuries, which are often fatal, from these kinds of accidents. In these types of cases in these types of cases, a personal injury lawyer will pursue compensation from any party who was negligent. In some cases, this may be as simple as suing the truck driver who ran an intersection and struck the pedestrian, but in other instances it could be the trucking company who allowed the trucker to work longer shifts than required by law, did not conduct proper maintenance on the vehicle, or conducted an background check that would have revealed a history of unsafe driving behavior. Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. While this type of accident is not uncommon in any car accident, it may be more fatal due to the fact that truck drivers are usually 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 loss of earnings, discomfort and pain, as well as property damage. However, there are cases where the plaintiff is found to be partially at fault for the crash due to their own actions, such as not stepping over to the left shoulder when a truck began to swerve, they will be awarded less compensation. It is important to hire an attorney for personal injuries who is experienced and knowledgeable to manage your case. Contact us today to get started.