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Truck Accident Law

A reputable lawyer for truck accidents is knowledgeable about the trucking industry, including specific laws that govern truck drivers and trucking companies. They will look into evidence, such as trucking company maintenance records which could support a claim of negligence.

A NYC truck accident lawyer can determine who is at fault in your case, and help you recover from your injuries.

1. Injured or fatigued Driver

If a vehicle carrying passengers is involved in a collision with a truck the easiest method to determine the liability is to review the driver's actions and mannerisms. A truck accident lawyer can look over surveillance footage and witness statements to determine who was responsible for the accident.

Many locations have surveillance cameras. This includes all intersections interchanges, hotels, gas stations and restaurants. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, particularly when the driver seemed unobservant or distracted during the time of the accident.

In the case of truck accidents it is also possible that a driver was fatigued or even injured at the time of the crash. The road logs of the drivers can reveal whether they slept insufficiently or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.

The trucking company could be held accountable for negligence of their employees. A negligent hiring or training practice could have contributed to the accident, and so could policies that encourage drivers to drive for as long as is possible by limiting their rest and sleep hours and thereby increasing the risk of an accident.

The government agencies that maintain roads may also be accountable if a road that is unsafe caused the accident. A seasoned truck accident litigation accident lawyer will identify the relevant agency and enlist a skilled maintenance or construction contractor to investigate the cause of the unsafe situation in the event that it is applicable. A skilled attorney can identify multiple parties that may be responsible and seek compensation from all sources.

2. Defective Equipment

Many truck accidents are the result of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were created to withstand heavy use and must be maintained and repaired to prevent failure. If something goes wrong, a trucker may be unable to control their vehicle and this could lead to fatal or serious accidents. The trucking company, the manufacturer, parts dealer or repair shop could 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 injured party could pursue damages for economic and non-economic losses. Economic damages may include future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages could include discomfort and pain or traumatic brain injuries and emotional distress. In certain circumstances, punitive damages may also be available to punish the defendant in order to stop similar negligence from happening again in the future.

Despite the best efforts of trucking companies and their drivers issues are inevitable. If this happens, it is important to determine the liable parties so that you can seek compensation for your losses.

The skilled lawyers at Burch law firm can help you if you have been in a truck accident. Contact us today to schedule a free consultation. Our lawyers will examine your case, determine liable parties, and fight to secure the compensation you are entitled to. We can assist you in obtaining compensation for medical expenses or lost wages from work as well as physical and emotional suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available to take your calls anytime, seven days a week.

3. Improperly Loaded Cargo

The cargo that trucks carry on the roads may seem easy enough, but there are strict guidelines that drivers and loaders must follow in terms of stacking and securing their loads. Failure to follow these guidelines can lead to serious issues. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the main causes of truck accidents.

Many of these truck crashes involve cargo falling off the vehicle and onto other vehicles or the roadway. This is especially risky because the cargo might create an obstacle or cause a danger to the road, causing other drivers to slow down or to crash into it. It may also fall onto people walking or riding a bike in the vicinity of the truck accident claim.

Based on the manner in which the incident occurred, multiple parties may be at fault. If a driver was negligent while loading his or her cargo, for instance it could be held responsible under the legal doctrine of respondeat superior. The trucking company employing that driver could also be held accountable for the negligence of its employees, since it is responsible for its employees' actions under the principle vicarious responsibility.

In cases in which an accident was caused by inadequately secured or loaded cargo, a skilled truck accident attorney accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who is at fault. An attorney from Cordisco and Saile LLC will assist victims in determining the right defendants to bring a lawsuit against for compensation for their loss. A successful claim could result in a settlement or verdict that provides victims with the funds they require to cover the costs of.

4. Unsafe Road Conditions

Trucking companies, as well the drivers they employ, bear a responsibility to maintain their trucks in good working order. In the absence of this, it can result in serious accidents. There are many mechanical parts in trucks that require to be examined and replaced to allow them to function correctly. When this doesn't happen it can result in a dangerous and unsafe roadway.

The weather and road conditions can also trigger truck accidents. Due to their size, trucks are more likely to be involved in a crash when they drive in bad conditions or on roads that are wet. Additionally, truck accident attorneys drivers must follow strict Federal Motor Carrier Safety Administration regulations about how many hours they are allowed to drive in a day. These regulations are designed to protect the public. However truckers disregard these rules in order to meet deadlines, or to make more money from employers, they are putting the public at risk.

Potholes and uneven surfaces can cause skidding. Other issues include poor lane markings, such as broken or solid lane lines that make drivers confused about what lane they're in and merging lane ramps that are too small for large vehicles to safely change lanes.

If a truck crash occurs because of road conditions that are poor the trucking company or government agency responsible for maintaining that road could be held accountable for the accident. It is imperative to prove that the person who caused the accident violated their duty of care by causing dangerous conditions. This can include negligent hiring or Truck accident law maintaining the vehicle, and drug screenings. California law allows victims to claim damages for medical bills, lost wages, suffering and loss of quality life.

5. Injuries to pedestrians

Truck accidents can be extremely dangerous for pedestrians walking along streets or in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck and could be severely injured or killed.

In these kinds of cases the personal injury attorney will pursue compensation from any party that was negligent. In certain cases, the negligent party may be the driver of the truck who ran a red light and hit the pedestrian. In other instances, it could be a trucking company which allowed the trucker work longer than the law allowed, or failed to maintain the vehicle in a timely manner.

Accidents involving pedestrians and trucks are often result from the driver's inattention or apathy. This kind of accident happens frequently in car accidents, but it can be fatal for truck drivers because they are higher in the air and have more blind zones which are difficult to spot.

If a pedestrian gets injured in a crash involving a truck it is possible to be awarded compensation for medical expenses as well as loss of earnings, pain and suffering, as well as property damage. In certain cases, the plaintiff is determined to be partially at fault for the incident due to their own actions (such as not moving over to the left side when the truck began to slow down), their compensation can be reduced according to. It is important to hire an injury lawyer who is skilled and experienced to handle your case. Contact us today to start.