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Truck Accident Law A truck accident lawyer with experience in the field has a deep understanding of the laws which govern truck drivers and trucking companies. They will seek out evidence, like trucking company maintenance records that could be used to justify a claim of negligence. A NYC truck accident attorney can determine who is at fault in your case and help you recover from your injuries. 1. Fatigued or injured driver The most effective method of determining who is responsible in a collision between an automobile and a car is to examine the driver's behavior. A truck accident attorney can make use of surveillance footage and witness testimony to determine which driver who is at fault. Many locations are equipped with surveillance cameras, such as most interstates and interchanges, as well some gas stations, hotels restaurants, and other businesses. A skilled truck accident lawyer could use this evidence to identify the potential defendant, particularly when the driver was unobservant or distracted when the accident occurred. In the case of truck accidents, it could be that the driver was tired or injured at the time of the accident. The road logs of the drivers can reveal whether they had a sleepless night or didn't follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road. The trucking company can also be held accountable for the negligent actions of their employees. A negligent hiring or training process could have contributed to the accident, as could policies that encourage drivers to remain on the road for as long as they can, which can result in a reduction in sleep and rest time and thereby increasing the risk of an accident. 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 relevant agency and hire an experienced maintenance or construction contractor to determine the cause of the unsafe situation, if applicable. An experienced attorney can pinpoint multiple parties that may be accountable, and seek compensation from each source. 2. Defective Equipment Many truck accidents are caused by faulty equipment, including brakes and tires, coupling systems and cargo restraints. These equipments are designed to withstand rigorous use, and must be assessed and maintained to avoid failure. If something goes wrong a trucker may be unable to control their vehicle and this could result in tragic or fatal accidents. Defective truck parts and equipment can be the responsibility of a number of entities that include the trucking firm or the manufacturer, as well as the repair or parts dealer shop. If an accident occurred because of a defective component or piece of equipment, the person injured could seek compensation for economic and non-economic losses. Economic damages include medical expenses now and in the future, loss of income and loss of earning potential. Noneconomic damages include pain and discomfort, traumatic brain injuries, and emotional anxiety. In some cases punitive damages may be given to punish the defendant and prevent future recklessness. Despite the best efforts of trucking companies and their drivers, certain equipment problems will arise. When this happens, it is important to determine the liable parties to seek compensation for your losses. The highly experienced lawyers at Burch law firm are able to assist you if you have been involved in a truck crash. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will go over the case, identify responsible parties, and fight to get the compensation you deserve. We can assist you in recovering compensation for medical bills, lost work wages, and emotional and physical suffering. 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. Improperly loaded Cargo Truck drivers and loaders must follow strict guidelines when it comes to stacking and secure the cargo they transport on the road. If they don't follow these guidelines, it could result in serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the main causes of truck accidents. The majority of truck accidents are caused by cargo falling from the vehicle onto other vehicles or roadways. This can be extremely dangerous because the cargo can create a risk or a problem on the road and force drivers to turn around. It can also fall onto people who are cycling or walking within the vicinity of the truck. Depending on the way in which the accident occurred, multiple parties may be at fault. A driver who was negligent when loading his or cargo could be held liable under the legal theory respondeat superior. However, the trucking company that employs the driver could be equally liable, since it is accountable for the actions of its employees under the principle of vicarious liability. In cases where an accident occurred due to unsafely loaded or secured cargo, a seasoned truck accident lawyer can make use of professional investigators and police reports to determine what went wrong and who was responsible. An attorney from Cordisco and Saile LLC may help victims determine the appropriate defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim can result in a settlement or a verdict that gives victims the financial assistance they require to recover from their injuries. 4. Unsafe Road Conditions The drivers and trucking companies are obliged to keep their vehicles in good condition, and when they fail to do this it could lead to serious accidents. Trucks often have mechanical parts that require to be examined and replaced in order for them to function properly. If this isn't done, it can result in a dangerous, unsafe road. The conditions of the road and weather can also lead to truck crashes. Due to their dimensions, trucks are more likely to be involved in a crash if they are driving in bad weather or on wet roads. Truck drivers must also follow strict Federal Motor Carrier Safety Administration rules about the number of hours they are allowed to drive in a day. These rules are designed to protect the public, but when truck drivers do not follow them to meet deadlines or make more money from their employers, it puts the public at risk. maryland truck accident attorney and uneven surfaces can cause skidding. Other issues include insufficient road markings, such broken or solid lines that confuse the driver on which lane they're in, and merging ramps that aren't long enough for large vehicles to safely switch lanes. When a truck accident happens due to road conditions that are not safe the trucking firm or government agency responsible for maintaining that road could be held accountable for the occurrence. It is crucial to prove that the person in question breached their obligation of care by creating hazardous conditions, and this can include negligent hiring, maintenance of the vehicle, and drug tests. In accordance with California law, victims are able to get compensation for medical bills or lost income, suffering, and loss of quality of life. 5. Injuries to Pedestrians Truck accidents can be extremely hazardous for pedestrians who are walking along roadways or even in their yards. The pedestrians aren't always protected from the weight and size of a truck and can suffer fatal or catastrophic injuries. In these instances an attorney who is able to handle personal injury will seek to recover compensation from the responsible party. In some instances, this may be as straightforward as the truck driver if they ran a red light and struck the pedestrian, however in other cases it could be the trucking firm that allowed the trucker longer shifts than allowed by law, did not maintain the vehicle, or even conducted an examination of their background which would have revealed a history of unsafe driving behavior. Distraction or inattention are the most common causes of accidents involving trucks and pedestrians. This type of accident is very common in car accidents, but it can be fatal for truck drivers as they are higher in the air and have more blind zones that are difficult to see. If a pedestrian gets injured in a collision with a truck it is possible to be awarded damages for medical expenses as well as loss of earnings, suffering and property damage. In some instances, the plaintiff is found partially accountable for the incident because of their own actions (such as not turning over to the left side when the truck started to slow down), their compensation can be reduced in proportion. This is why it's essential to retain an experienced and knowledgeable personal injury lawyer to handle your case. Contact us now to begin.