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10 Best Facebook Pages Of All Time About Truck Accident Law Truck Accident Law A lawyer for truck accidents with experience in the field is well-versed in the laws that govern truck drivers and trucking firms. They will look into evidence, including the maintenance records of trucking companies, that may provide evidence to support a claim of negligence. A NYC truck accident lawyer can determine who is at fault in your case, and assist you in recovering from your injuries. 1. Injured or fatigued Driver When a passenger vehicle is involved in a collision with a truck the most efficient method of determining the extent of liability is to review the conduct of the driver and his manner. A truck accident lawyer can look over video surveillance footage and witness testimony to determine the driver who was at fault. Many places are equipped surveillance cameras, including most intersections and interchanges as as some hotels, gas stations restaurants, and other establishments. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if the driver was distracted or unobservant at the time of the incident. In cases of truck accidents, it is also possible that a driver was fatigued or even injured during the time of the accident. A thorough investigation of the driver's road logs can reveal if they went too long without sleep or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and require regular rest breaks. The trucking company may also be held responsible for the reckless actions of their employees. A negligent hiring or training practice may have contributed to the accident, as could 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 being involved in an accident. If a hazardous road caused an accident, the government agency responsible for maintaining it can be held accountable. A skilled truck accident lawyer will identify the relevant agency and employ a competent maintenance or construction contractor to investigate the cause of the unsafe condition and if it's applicable. A skilled attorney can identify the multiple parties that could be accountable and seek out compensation from all sources. 2. Defective Equipment Many truck accidents are caused by faulty equipment, like brakes, tires, coupling systems, and cargo restraints. These pieces of equipment were designed to withstand heavy use and should be maintained and repaired to prevent failure. When something goes wrong it could leave the truck driver unable control the vehicle and could result in serious or fatal collisions. Incorrect truck parts and equipment may be the fault of several entities, including the trucking company as well as the manufacturer and the parts dealer or repair shop. When an accident occurs because of an equipment or component that is damaged, the victim can seek damages for both economic and noneconomic losses. Economic damages can include medical expenses at present and in the future, lost income and loss of earning potential. Noneconomic damages can include discomfort and pain and brain injuries that cause trauma and emotional anxiety. In certain circumstances, punitive damages may also be available to punish the defendant in order to prevent similar wrongful acts from happening in the future. Despite the best efforts by trucking companies and drivers equipment malfunctions are a given. It is important to identify the parties responsible in order to seek compensation for the loss. The experienced attorneys at Burch law firm are able to assist you if you have been in a truck accident. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will review the case, identify responsible parties, and fight for the compensation you're entitled to. We can help you obtain compensation for medical expenses as well as lost wages from work, and physical and emotional pain. We handle cases throughout Missouri, including Jefferson City and Columbia. We are ready to take your calls 24/7, seven days a week. 3. Improperly loaded carmel truck accident attorney and loaders of trucks must follow strict guidelines in stacking and securing the cargo they transport on the roads. Infractions to these rules can cause serious problems. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the most common causes of truck accidents. The majority of these truck crashes are caused by cargo falling off the truck onto roadways or other vehicles. This can be particularly risky due to the fact that the cargo may create an obstacle or hazard on the road, causing motorists to swerve or hit it. It could also fall onto pedestrians or riders on bicycles in the vicinity of trucks. Depending on how the accident took place, a variety of parties could be responsible. A driver who was negligent when loading his or her cargo could be held liable according to the legal doctrine of respondeat superior. However the trucking company which employs that driver might be held accountable, too, because it is liable for the actions of its employees under the principle of vicarious liability. An experienced truck accident attorney can use police reports and professional investigators to determine what caused of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can help victims determine which defendants to file a claim for compensation against. A successful claim can result in a verdict or settlement which will give victims the financial assistance they require to recover. 4. Road conditions that are unsafe The drivers and trucking companies have a responsibility to maintain their vehicles in good condition. If they fail to follow this they could cause serious accidents. To ensure that trucks operate properly, mechanical components are regularly checked and replaced. If this isn't done, it can result in a dangerous, unsafe road. The road and weather conditions can also trigger truck accidents. Because of their size trucks are more prone to be involved in crashes during bad conditions and on roads that are wet. Additionally truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they are allowed to drive in a day. These rules are intended to protect the public. However truckers who do not follow them in order to meet deadlines or to earn more money from employers, they are putting the public at risk. Unsafe road conditions include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include insufficient markings for lane, such as solid or broken lines that confuse the driver about which lane they are in, and merging ramps that are too narrow for large vehicles to safely switch lanes. If a truck accident occurs due to poor road conditions, the trucking company or the government agency that is responsible for maintaining the road may be held liable for the occurrence. The party responsible for creating the unsafe conditions has to be proven to have breached its duty of care. This could include negligent hiring or vehicle maintenance, as well as testing for drugs. 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 hazardous for pedestrians who are walking along roads or in their own yards. The pedestrians aren't always protected from the weight and size of a truck and could be terribly injured or killed. In these cases an attorney who is able to handle personal injury will seek to recover compensation from the responsible party. In certain cases the party who was negligent could be the driver of the truck who ran a red signal and struck a pedestrian. In other instances it could be a trucking business which allowed the trucker work longer than the law allows or failed to maintain the vehicle in a proper manner. Accidents involving pedestrians and trucks are usually caused by drivers' inattention or distraction. This type of accident happens frequently in car accidents, but it can be fatal for truck drivers since they are higher up and have greater blind zones which are difficult to perceive. If a pedestrian is injured in a car accident and is injured, they may be awarded compensation for medical bills as well as loss of earnings, suffering and property damage. In certain cases, the plaintiff is found partly accountable for the incident due to their own actions (such as not turning over to the left side when the truck began to swerve) the compensation they receive could be reduced in proportion. This is why it is essential to retain a knowledgeable and experienced personal injury attorney to take care of your case. Contact us now to begin.
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