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Truck Accident Law A truck accident lawyer with expertise in the field has a deep understanding of the laws that regulate truck drivers and trucking firms. They will look into evidence, like maintenance records of a trucking company that could be used to justify a claim of negligence. A NYC truck accident lawyer will identify the parties who are negligent in your case, and assist you in recovering from your injuries. 1. southfield truck accident law firm injured or fatigued When a passenger vehicle is involved in a collision with a truck the easiest method of determining the extent of liability is to scrutinize the manner of driving and behavior. A truck accident lawyer can utilize surveillance footage as well as witness testimony to determine which driver responsible. Many locations are equipped with surveillance cameras, which includes the majority of intersections and interchanges as well as some gas stations, hotels restaurants, and other establishments. This evidence can be utilized by a truck accident lawyer to identify a possible defendant, particularly if a driver was distracted or unobservant at the time of the incident. In cases of truck accidents, it is possible that the driver was tired or injured during the time of the crash. A thorough investigation of the driver's logs can reveal if they went too long without rest or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and require adequate rest breaks. The trucking company could be held accountable for the negligent acts of their employee. A negligent hiring practice or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their rest and sleep hours and thereby increasing their risk of being injured could have also contributed. Government agencies that are responsible for maintaining roads can also be held accountable if a dangerous road contributed to the accident. A skilled truck accident lawyer can identify the appropriate agency and employ a competent maintenance or construction contractor to investigate the cause of the unsafe situation in the event that it is applicable. An experienced lawyer can identify several parties that could be liable, and pursue compensation from every source. 2. Defective Equipment Many truck accidents are caused due to defective equipment, such as brakes as well as the coupling system, tires, and cargo restraints. These equipments are designed to endure rigorous use and should be checked, maintained, and repaired to prevent failure. When something goes wrong truckers may not be able to control their vehicle, and this can lead to serious or fatal accidents. Defective truck parts and equipment may be the fault of a variety of entities such as the trucking company, the manufacturer, and the repair or parts dealer shop. If an accident occurred because of a malfunctioning part or piece of equipment, the person injured could seek damages for both economic and noneconomic losses. Economic damages may include medical costs at present and in the future, lost income and loss of earning potential. Noneconomic damages could include pain and discomfort or traumatic brain injuries and emotional distress. In certain cases punitive damages might be available to punish the defendant in order to prevent similar negligence from occurring again. Despite the best efforts by trucking companies and drivers equipment problems are a given. It is important to identify the parties responsible in order to seek compensation for the losses. If you've been in a truck collision the skilled attorneys at the Burch Law firm can help. Contact us today to set up a complimentary consultation. Our lawyers will review the case, identify the responsible parties and fight for the compensation you're due. We can help you obtain the compensation you deserve for medical bills, lost work wages, and physical and emotional pain. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available to take your calls all day, seven days a week. 3. Unproperly Loaded Cargo Drivers and loaders of trucks must adhere to strict rules in stacking and securing cargo they transport on the roads. Any failure to comply with these guidelines could lead to serious issues. In a recent report the Federal Motor Carrier Safety Administration discovered 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 can be particularly dangerous, as the cargo could create a hazard or obstacle on the road and force drivers to turn around. It may also fall on people who are cycling or walking within the vicinity of the truck. Depending on the way in which the accident occurred, a number of parties could be at fault. If an individual driver was negligent in loading his or her cargo, for example this person could be held accountable under the legal theory of respondeat superior. The trucking company that employed that driver may also be liable for its actions, since it is responsible for the actions of its employees in the spirit of vicarious responsibility. An experienced attorney for truck accidents can use police reports and professional investigators to determine what caused of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney can help victims determine which defendants to file a claim for compensation against. A successful claim can result in a settlement or verdict which will give victims the money they require to cover the costs of. 4. Unsafe Road Conditions Trucking companies, as well as their drivers, have the responsibility of keeping their trucks in good working order. Failure to do this can lead to serious accidents. To ensure that trucks function properly, mechanical components are regularly checked and replaced. When this doesn't happen it results in a dangerous and unsafe roadway. Truck accidents can also be caused by dangerous weather or road conditions. Due to their huge size, trucks are much more likely to be involved in a crash when they are driving in bad conditions or on roads that are wet. In addition truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive each day. These regulations are designed to safeguard the public. However, when truckers ignore these rules in order to meet deadlines or to get more money from their employers, they put the public at risk. Potholes and uneven surfaces can cause skidding. Other problems can include inadequate markings for lane, such as broken or solid lines that confuse drivers on which lane they're in, and merging ramps that are too short for large vehicles to safely switch lanes. If a truck crash occurs because of poor roadway conditions the trucking company or the government agency responsible for maintaining that road may be held liable for the incident. It is necessary to prove that the person responsible for the incident violated their duty of care by causing unsafe conditions. This could include negligent hiring, maintenance of the vehicle, or drug testing. In accordance with California law, victims are able to recover damages for their medical bills, lost income, suffering and loss of quality of life. 5. Injuries to Pedestrians Truck accidents can be extremely hazardous for pedestrians walking along streets or within their own yards. The pedestrians aren't always protected from the weight and size of a truck, and may suffer fatal or catastrophic injuries. In these kinds of cases an attorney for personal injury will pursue compensation from any party who was negligent. In some instances the party who was negligent could be the truck driver who ran a red signal and struck a pedestrian. However, in other cases, it could be a trucking firm which allowed the trucker work longer than what is permitted by law, or failed to maintain the vehicle properly. Accidents involving trucks and pedestrians are often caused by the driver's inattentiveness or distraction. This kind of accident is common in car accidents, but it could be fatal for truck drivers since they are higher and have a larger blind zone which are difficult to spot. If a pedestrian is injured in a car accident it is possible to be awarded compensation for medical expenses and loss of earnings, injuries and suffering, as well as property damage. However, in some cases where the plaintiff is found to be partially at fault for the crash due to their own actions, like failing to move over to the left shoulder when a truck started to swerve, they can have their compensation reduced accordingly. This is why it's essential to retain an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us today to start.