These Are The Most Common Mistakes People Do With Truck Accident Law Truck Accident Law

A competent truck accident lawyer has a deep understanding of the trucking industry, including the specific laws applicable to truck drivers and trucking companies. They will investigate and uncover evidence such as maintenance records of the trucking company that may be evidence of negligence.

A NYC truck accident lawyer can determine the negligent parties in your case, and assist you in recovering from your injuries.

1. Driver injured or fatigued

When a passenger vehicle encounters a truck, the most straightforward way to determine who is at fault is to look at the manner of driving and behavior. An attorney for truck accidents can make use of surveillance footage and testimony from witnesses to determine the driver at fault.


Many locations have surveillance cameras. This includes the majority of intersections, hotels, interchanges, gas stations and restaurants. This evidence can be utilized by a truck accident lawyer to determine a potential defendant, especially if the driver seemed distracted or unfocused at the time of the accident.

In the case of truck accidents, it is possible that the driver was tired or 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 did not follow Motor Carrier Safety Regulations that limit the amount of time truckers can spend on the road and require sufficient rest breaks.

The trucking firm could be held responsible for the negligent actions of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their sleep and rest times and thereby increasing their risk of being injured, may also have contributed.

Government agencies responsible for maintaining roads can also be held accountable if a road that is unsafe contributed to the accident. A knowledgeable lawyer for truck accidents will identify the relevant agency and enlist a skilled maintenance or construction contractor to investigate the cause of the dangerous condition, if applicable. A seasoned attorney can identify multiple parties that may be responsible and seek compensation from all sources.

2. Defective Equipment

Many truck accidents are caused by defective equipment, including the brakes and tires, coupling systems, and cargo restraints. These equipments are designed to withstand a lot of use, and must be examined, maintained, and repaired to avoid failure. If something goes wrong it could make the driver of a truck unable to control the vehicle and may result in serious or fatal collisions. The trucking company, the manufacturer of parts, the parts dealer, or repair shop can all be accountable for the malfunction of truck parts and equipment.

If an accident occurred because of a defective part or piece of equipment, the person injured could seek damages for both economic and noneconomic losses. Economic damages could include medical expenses now and in the future, lost income and loss of earning potential. Noneconomic damages can include pain and discomfort as well as brain injuries that are traumatic, and emotional distress. In some cases, punitive damages may also be available to punish the defendant to prevent similar negligence from occurring again.

Despite the best efforts of trucking companies and their drivers, certain equipment problems are inevitable. When this happens, it's crucial to identify the responsible parties in order to pursue compensation for your losses.

The skilled lawyers at Burch law firm will assist you if you've been involved in a car accident. Contact us today for an initial consultation for free. Our lawyers will analyze your case, determine liable parties, and fight to secure the compensation that you deserve. We can help you obtain compensation for medical expenses as well as lost wages from work, as well as physical and emotional suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are on hand to answer your calls 24/7 all week long.

3. Unloading Cargo Improperly

The cargo trucks carry on the road may seem simple enough, but there are strict rules that loaders and drivers must follow in terms of stacking and securing their loads. Any failure to comply with these guidelines could cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo was one of the main causes of truck accidents.

Most of these truck accidents are caused by cargo falling off the truck onto other vehicles or roadways. This can be particularly dangerous because the cargo could cause a danger or an obstacle on the road, and force drivers to turn around. It could also fall on people who are walking or riding a bike in the vicinity of a truck.

Depending on the way in which the accident was triggered, several parties could be responsible. If a driver was negligent while loading their cargo, for example, that person might be held liable under the legal principle of respondeat superior. However the trucking firm that employs the driver could be held accountable, too, because it is responsible for the actions of its employees according to the principle of vicarious liability.

In instances where an accident was caused by inadequately secured or loaded cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine the cause of the accident and who is at fault. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants to make a claim for compensation against. racine truck accident law firm could result in a settlement or verdict that will provide victims with the money they require to recover.

4. Road conditions that are unsafe

Trucking companies, as as their drivers, have an obligation to keep their trucks in a good working order. Failure to do this can lead to serious accidents. Trucks often have mechanical parts that must be inspected and replaced to allow them to function correctly. If this isn't done, it could result in a dangerous and unsafe road.

The conditions of the road and weather can cause truck accidents too. Due to their massive dimensions, trucks are more likely to be involved in crashes when they are driving in bad weather or on wet roads. In addition, truck drivers must adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they can drive each day. These rules are designed to protect the public, but when truck drivers don't follow them in order in order to meet deadlines, or to make more money from their employers, they put the public at risk.

Potholes and uneven surfaces could cause skidding. Other issues include insufficient markings for lane lines, like broken or solid lines that confuse the driver about the lane they're in, or merging ramps that are not long enough for large vehicles to safely switch lanes.

If a truck accident occurs because of road conditions that are not safe, the trucking firm or the government agency that is responsible to maintain that road could be held accountable. The person who caused the hazardous conditions must be proven guilty of violating its duty of care. This can include negligent hiring, vehicle maintenance, and testing for drugs. Under California law, the victims may get compensation for medical bills as well as lost income, suffering and loss of quality of life.

5. Injuries to Pedestrians

Truck accidents can be extremely hazardous for pedestrians walking along roads or within their own yards. The majority of pedestrians are not protected from the massive size and weight of a large truck, and can suffer catastrophic or even fatal injuries from these kinds of crashes.

In these cases, an attorney for personal injury may seek compensation from the person who caused the injury. In some cases, this may be as simple as suing the truck driver if they ran a red light and struck the pedestrian, but in other cases, it could be the trucking company who permitted the trucker to work longer hours than permitted by law, or failed to maintain the vehicle, or even conducted an examination of their background that could have revealed the existence of a history of dangerous driving habits.

Accidents involving pedestrians and trucks are usually result from the driver's inattention or apathy. This kind of accident is common in car accidents, but it could be deadly for truck drivers because they are higher up and have greater blind zones which are difficult to spot.

When a pedestrian is injured in a crash involving a truck, they can be awarded compensation for medical bills as well as loss of earnings, suffering and property damage. In some cases, the plaintiff is found to be partially responsible for the accident due to their own actions (such as not transferring to the left side when the truck began to slow down) their compensation could be reduced accordingly. It is crucial to find a personal injury lawyer who is experienced and knowledgeable to handle your case. Contact us now to begin.