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Truck Accident Law

A competent truck accident lawyer is knowledgeable about the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will look into evidence, including the maintenance records of trucking companies, that may be used to prove negligence.

A NYC truck accident lawyer will determine the responsible parties in your case and help you recover from your injuries.

1. Injured or fatigued Driver

When a passenger vehicle collides with a truck, the easiest way to determine liability is to look at the manner of driving and behavior. A lawyer for truck accidents can examine video surveillance footage and witness testimony to determine the driver who was at fault.

There are many places with surveillance cameras. This includes the majority of intersections, interchanges, hotels gas stations, restaurants, and hotels. A skilled lawyer for truck accidents can use this evidence in order to identify the potential defendant, particularly when the driver appeared unfocused or distracted during the time of the accident.

In the event of a truck accident lawsuit accident it could be that the driver was fatigued or even injured during the time of the accident. A thorough investigation of the driver's road logs will reveal if they slept too long without rest or failed to follow Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and demand sufficient rest breaks.

The trucking company can also be held responsible for the negligent actions of their employees. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive for as long as they can, reducing their rest and sleep times and putting them at risk for accidents could have also contributed.

The government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A seasoned truck accident lawyer can identify the appropriate agency and hire an experienced maintenance or construction contractor to investigate the cause of the unsafe situation and if it's applicable. An experienced attorney can identify multiple parties that may be responsible, and seek compensation from each source.

2. Defective Equipment

Many truck accident legal accidents occur as a result of defective equipment. This includes brakes, tires and cargo restraints. These equipments are designed to endure rigorous usage and must be inspected and maintained to prevent failure. When something goes wrong it could make the driver of a truck in a position to control the vehicle and could result in fatal or serious collisions. Defective truck parts and equipment can be the fault of several different entities, including the trucking company, the manufacturer, and the parts dealer or repair shop.

If an accident occurred as a result of a malfunctioning part or piece of equipment, the injured party may seek damages for economic and non-economic losses. Economic damages can include medical expenses today and in the near future, loss of income and the loss of earning potential. Noneconomic damages can include pain and discomfort, traumatic brain injuries, and emotional anxiety. In certain instances punitive damages could be available to punish the defendant to prevent similar negligence from occurring in the future.

Despite the best efforts of trucking companies and drivers equipment problems are bound to happen. It is important to identify the responsible parties in order to seek compensation for the loss.

The experienced attorneys at Burch law firm will assist those who have been involved in a car accident. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will review the case, find responsible parties, and fight for the compensation you deserve. We can help you get the amount you need to pay for 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 seven days a week to answer your phone.

3. Improperly Loaded Cargo

The cargo that trucks carry on the road might seem easy enough, however there are strict regulations that loaders and drivers must follow in terms of stacking and securing their loads. Infractions to these guidelines can cause serious issues. In a recent report the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.

The majority of truck accidents result from cargo falling from the vehicle onto roadways or other vehicles. This can be particularly risky since the cargo could cause an obstruction or create a risk on the road, causing motorists to swerve or crash into it. It could also fall on pedestrians who are biking or walking near the truck accident claim.

Based on the circumstances of the incident, there could be multiple parties to blame. If an individual driver was negligent in loading his or her cargo, for instance it could be held accountable under the legal principle of respondeat superior. The trucking company that employed that driver could also be held accountable for the negligence of its employees, since it is responsible for its employees' actions under the principle of vicarious accountability.

In cases in which an accident was caused by unsecurely loaded or secured cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who was at fault. A Cordisco & SAIL LLC attorney can help victims determine which defendants to pursue a claim for compensation against. A successful case could result in a verdict or settlement which will give victims the financial aid they need to cover the costs of.

4. Unsafe Road Conditions

Trucking companies, as well as their drivers, have a responsibility to maintain their trucks in a good working order. Failure to do so can result in serious accidents. To ensure that trucks work properly, mechanical parts are often checked and replaced. If this doesn't happen it results in an unsafe and hazardous road.

The weather and road conditions can cause truck accidents too. Because of their dimensions, trucks are more likely to be involved in crashes when they drive in bad conditions or on roads that are wet. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration guidelines on the amount of time they are permitted to drive each day. These rules are designed to protect the public, but when truck drivers ignore them in order to meet deadlines, or to get more money from their employers, it puts the public at risk.

Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues are inadequate lane markings such as solid or broken lane lines that make drivers confused about the lane they're in and merging ramps for lane switching that are too small for large vehicles to safely switch lanes.

If a truck crash occurs because of road conditions that are poor, the trucking firm or government agency that is responsible for maintaining the road may be held liable for the incident. It is necessary to prove that the party in question breached their duty of care by causing unsafe conditions. This can include negligent hiring and maintenance of the vehicle, or drug tests. Under California law, the victims may recover damages for their medical bills as well as lost income, suffering and loss of quality of life.

5. Injuries to Pedestrians

Truck accidents can be dangerous for pedestrians who walk along roads or even in their yards. People walking on foot are not always protected from the weight and size of a vehicle and can suffer fatal or catastrophic injuries.

In these cases, a personal injury attorney will pursue compensation from any party that was negligent. In some cases the negligent party could be the truck driver who crossed a red light and struck a pedestrian. But in other cases it could be a trucking business which allowed the trucker work longer than the law allowed or did not maintain the vehicle in a timely manner.

Accidents involving trucks and pedestrians tend to be caused by drivers' inattention or apathy. While this kind of incident is not uncommon in any car accident, it could be more fatal due to the fact that truck drivers tend to be higher up in their cabs. They also have larger blind spots which are difficult to spot.

A pedestrian who is injured in a truck crash can receive compensation for medical costs and lost earnings, as well as discomfort and pain, and truck accident lawyer property damage. In some instances, where the plaintiff is found to be partially accountable for the accident because of their own actions, like not moving over to the left shoulder when a truck started to swerve, they could have their compensation reduced accordingly. It is essential to choose a personal injury lawyer that is experienced and knowledgeable to handle your case. Contact us today to start.