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Truck Accident Law

A lawyer for truck accidents with knowledge of the field has a deep understanding of the laws which govern truck drivers and trucking firms. They will investigate and uncover evidence such as maintenance records of the trucking company that may prove negligence.

A NYC truck accident lawyer can determine who is at fault in your case and assist you in recovering from your injuries.

1. Fatigued or injured driver

When a vehicle driven by a person collides with a truck, the most effective method to determine the liability is to scrutinize the conduct of the driver and his manner. A lawyer for truck accidents will review surveillance footage and witness testimony to determine which driver was responsible for the accident.

Many locations are equipped with surveillance cameras, including most intersections and interchanges as as some gas stations, hotels, restaurants, and other businesses. This evidence can be used by a truck crash lawyer to identify a possible defendant, especially if the driver was distracted or unobservant at the moment of the accident.

In the event of a truck crash, it could be that the driver was fatigued or even injured at the time of the crash. A thorough analysis of the driver's logs will reveal if they slept too long without sleeping or failed to follow Motor Carrier Safety Regulations that limit the amount of time that truckers spend on the road and require regular rest breaks.

The trucking company can also be held accountable for the carelessness of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, thus reducing their rest and sleep time and thereby increasing their risk of being injured, may also have contributed.

Government agencies responsible for maintaining roads can also be held responsible if a hazardous road contributed to the accident. A truck accident lawsuit accident lawyer who is well-versed can determine the agency responsible and engage an expert in construction or maintenance with experience to investigate the causes of any dangerous conditions in the event of a case. An experienced attorney can identify multiple parties that may be liable, and pursue compensation from every source.

2. Defective Equipment

Many truck accidents are caused by faulty equipment, such as brakes and tires, coupling systems, and cargo restraints. These pieces of equipment were created to withstand heavy usage and must be maintained and repaired to avoid failure. When something goes wrong a trucker may be unable to control their vehicle, and this could result in tragic or fatal accidents. The trucking company, the manufacturer, parts dealer or repair shop could be held accountable for the defective truck parts and equipment.

If an accident occurred because of a defective component or truck accident law piece of equipment, the victim could seek damages for both economic and non-economic losses. Economic damages may include the current and future medical costs, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering and brain injuries that are traumatic emotional distress, and traumatic brain injury. In certain instances, punitive damages may also be available to punish the defendant to prevent similar negligence from happening again in the future.

Despite the best efforts of trucking companies and drivers equipment malfunctions are inevitable. If this happens, it is crucial to identify the responsible parties to seek compensation for your losses.

If you've been in a truck accident and need help from an experienced attorney at the Burch Law Firm can help. Contact us now to set up an appointment at no cost. Our lawyers will go over the case, find responsible parties and fight for the compensation you're entitled to. We can help you get compensation for medical expenses as well as lost wages and physical or emotional pain. We handle cases in Missouri, including Jefferson City and Columbia. We are accessible 24 hours a day seven days a week to answer your call.

3. Unproperly Loaded Cargo

Truck drivers and loaders must adhere to strict guidelines in stacking and secure the cargo they transport on the roads. Infractions to these rules could cause serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most common causes of truck accidents.

Many of these truck crashes involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This is particularly dangerous due to the fact that the cargo may create an obstacle or create a danger on the road, forcing drivers to turn around or smash into it. It can also fall onto people who are biking or walking near the truck.

Depending on the circumstances of the incident, there could be multiple parties to blame. A driver who was negligent while loading his or her cargo could be held responsible according to the legal doctrine of respondeat superior. The trucking company who employed the driver may also be liable for its actions, since it is responsible for its employees' actions under the principle of vicarious accountability.

In cases in which an accident occurred due to improperly loaded or secured cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who was accountable. A Cordisco & SAIL LLC attorney can help victims determine the defendants they should make a claim for compensation against. A successful case could result in a verdict or settlement that can provide victims with the financial assistance they require to cover the costs of.

4. Unsafe Road Conditions

Trucking companies and their drivers have a responsibility to maintain their trucks in a good working condition. If they do not it could result in serious accidents. To ensure that trucks operate correctly, mechanical components are often inspected and replaced. If this is not done, it can lead to a dangerous and unsafe road.

Accidents involving trucks can also be caused by hazardous weather and truck Accident law road conditions. Due to their massive size, trucks are more likely to be involved in a crash when they drive in bad weather or on wet roads. Additionally, truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive each day. These rules are intended to safeguard the public. However truckers who ignore them to meet deadlines, or to make more money from employers, they are putting the public at risk.

Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues include poor lane markings like broken or solid lane lines that confuse drivers about which lane they're in, and merging lane ramps that are too small for large vehicles to safely switch lanes.

If a truck accident happens due to road conditions that are poor, the trucking firm or government agency responsible to maintain that road could be held accountable. The party who created the hazardous conditions must be proven to have violated its duty of care. This could include negligent hiring or maintenance of the vehicle, as well as drug testing. California law allows victims to seek damages for medical expenses or lost wages, pain and loss of quality of life.

5. Injuries to Pedestrians

truck accident law accidents can be extremely dangerous for pedestrians walking along roads or in their own yards. Pedestrians are often not protected from the weight and size of a vehicle and can be terribly injured or killed.

In these situations an attorney for personal injury will seek to recover compensation from the party who was negligent. In some instances it could be as easy as the truck driver if they ran through a red light, and then struck the pedestrian, however in other cases, it could be the trucking firm that allowed the trucker to work longer shifts than required by law, did not conduct proper maintenance on the vehicle, or conducted an investigation into the background of the driver that could have revealed the existence of a history of dangerous driving behavior.

Accidents involving pedestrians and trucks tend to be caused by drivers' inattention or apathy. This type of accident happens frequently in car accidents, but it could be fatal for truck drivers as they are higher in the air and have greater blind zones that are difficult to discern.

A pedestrian injured in a truck crash can receive damages for medical expenses as well as lost earnings, pain and discomfort, and property damage. However, there are instances where the plaintiff is found to be partly at fault for the crash because of their own actions, for example, not moving over to the left shoulder when a truck accident claim began to swerve, they will be awarded less compensation. This is why it is essential to retain an experienced and knowledgeable personal injury attorney to manage your case. Contact us today to start.