Truck Accident Law Explained In Less Than 140 Characters Truck Accident Law

A reputable lawyer for truck accidents possesses in-depth knowledge of the trucking industry, including the specific laws that govern truck drivers and trucking companies. They will seek out evidence, like the maintenance records of trucking companies which may be evidence to support a claim of negligence.

A NYC truck accident lawyer in NYC can assist you in determining who's at fault for your incident and help you recover your injuries.

1. Fatigued or Injured Driver

The most efficient method to determine who is at fault in a collision between two vehicles, a truck and a car is to examine the driver's behavior. A lawyer for truck accidents can examine surveillance footage and witness testimony to determine the driver who was responsible for the accident.

A lot of places have surveillance cameras. This includes all intersections hotels, interchanges gas stations, restaurants, and hotels. A skilled truck accident lawyer can use this evidence in order to identify the potential defendant, particularly when the driver seemed unobservant or distracted during the time of the accident.

In the event of a truck crash it could be that the driver was tired or injured during the time of the crash. The road logs of drivers will reveal if they were sleeping too much or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time that truckers are allowed to spend on the road.


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

michigan truck accident lawyer that maintain roads can also be held accountable if a dangerous road caused the accident. A truck accident lawyer who is well-versed will identify the person responsible and engage a construction or maintenance contractor who has experience to determine the causes of any dangerous conditions and, if necessary, to determine the cause. 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 malfunctioning equipment, such as brakes and tires, coupling systems and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and must be properly examined and maintained to avoid failure. When something goes wrong, the driver may be unable to control their vehicle and this could lead to fatal or serious accidents. The trucking company, manufacturer, parts dealer, or repair shop could all be responsible for defective truck parts and equipment.

If an accident happens because of a malfunctioning piece of equipment or a part the person who was injured can seek compensation for both financial and non-economic damages. Economic damages include medical expenses at present and in the future, lost income and the loss of earning potential. Noneconomic damages may include discomfort and pain or traumatic brain injuries and emotional anxiety. In some cases punitive damages may be awarded to penalize the defendant and prevent future mistakes.

Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. It is crucial to determine the responsible parties to pursue compensation for your loss.

If you've been involved in a collision with a truck and need help from an experienced attorney at Burch Law Firm are able to help. Contact us today to set up a free consultation. Our lawyers will go over the case, identify the responsible parties, and fight for the compensation you're due. We can assist you in recovering the compensation you deserve for medical bills and lost wages at work and emotional and physical suffering. We handle cases across Missouri including Jefferson City, Columbia, and St. Louis. We are ready to take your calls anytime, seven days a week.

3. Improperly Loaded Cargo

Loaders and drivers of trucks must adhere to strict guidelines when it comes to stacking and secure the cargo they transport on the road. Infractions to these guidelines could cause serious issues. In a recent study the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the leading reasons for truck accidents.

The majority of these truck accidents are caused by cargo falling from the vehicle onto roadways or other vehicles. This is particularly dangerous because the cargo might create an obstacle or hazard on the road, causing motorists to swerve or hit it. It could also fall onto pedestrians or cyclists riding bikes within the vicinity of the truck.

Depending on how the accident occurred, a number of parties could be responsible. A driver who was negligent while loading his or her cargo could be held accountable under the legal theory of respondeat superior. The trucking company who employed the driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions in accordance with the principle of vicarious liability.

In the event that an accident happened because of inadequately secured or loaded cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was at fault. An attorney from Cordisco and Saile LLC can assist victims in determining the proper 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 which provides victims with the financial assistance they need to recover from their injuries.

4. Road conditions that are unsafe

The trucking companies, as well their drivers, share the responsibility of keeping their vehicles in good working order. If they don't, it could result in serious accidents. To ensure that trucks work properly, mechanical parts are regularly checked and replaced. If this doesn't happen the result is a dangerous and unsafe roadway.

Truck crashes can also be caused by dangerous weather or road conditions. Due to their huge dimensions, trucks are more likely to be involved in crashes when they drive in bad conditions or on roads that are wet. Additionally truck drivers must follow strict Federal Motor Carrier Safety Administration rules regarding how long they are allowed to drive in a day. These rules are intended to protect the public. However truckers who ignore them in order to meet deadlines or to earn more money from employers, they place the public at risk.

Unsafe road conditions could include slippery pavement that prevents tires from maintaining traction, potholes and uneven surfaces that can cause skidding. Other issues are inadequate markings for lane lines, such as solid or broken lane lines that confuse drivers about which lane they're in, and merging ramps for lane switching that are too small for larger vehicles to safely switch lanes.

If a truck accident occurs due to poor road conditions the trucking company or government agency responsible for maintaining that road could be held accountable for the incident. It is necessary to prove that the person in question breached their duty of care by causing unsafe conditions. This can include negligent hiring or maintaining the vehicle, and drug tests. California law allows victims to recover damages for medical expenses or lost wages, pain and loss of quality life.

5. Injuries to Pedestrians

Truck accidents are dangerous for pedestrians who are walking along the roads or even in their yards. The majority of pedestrians are not protected from the massive size and weight of a truck and could suffer severe or even fatal injuries from these types of crashes.

In these cases an attorney who is able to handle personal injury may seek compensation from the party who was negligent. In some cases, this may be as easy as the truck driver if they ran an intersection and struck the pedestrian, but in others, it could be the trucking firm that allowed the trucker to work longer shifts than is permitted by law, or failed to take care of the vehicle, or conducted an examination of their background that would have found an occurrence of unsafe driving behavior.

Accidents involving pedestrians and trucks are often result from the driver's inattention or apathy. This kind of accident is very common in car accidents, but it could be deadly for truck drivers due to the fact that they are higher in the air and have larger blind zones which are difficult to spot.

When a pedestrian is injured in a collision with a truck it is possible to be awarded compensation for medical bills as well as loss of earnings, pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partially at fault for the crash due to their own actions, such as not stepping over 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 handle your case. Contact us today to get started.