Truck Accident Law: It's Not As Difficult As You Think
Truck Accident Law
A lawyer for truck accidents who has experience in the field has a deep understanding of the laws that regulate truck drivers and trucking firms. They will seek out evidence, such as maintenance records of a trucking company that could be used to provide 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 responsible in a collision between the truck and a passenger car is to study the driver's behavior. A lawyer who handles truck accidents will review surveillance footage and witness statements to pinpoint the driver who was at fault.
A lot of places have surveillance cameras. This includes all intersections hotels, interchanges, gas stations and restaurants. This evidence can be used by a truck accident lawyer to identify a possible defendant, particularly if a driver appeared distracted or inattentive at the time of the incident.
In the event of a truck accident it is also possible that the driver was tired or injured at the time of the crash. A thorough analysis of the driver's logs will reveal if they slept too long without sleeping or failed to follow Motor Carrier Safety Regulations that restrict the time truckers can spend on the road and require adequate rest breaks.
The trucking company could also be held responsible for the negligent actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive for as long as they can, thus reducing their rest and sleep hours and thereby increasing their risk of being injured may have contributed.
If a dangerous road caused an accident the government agency accountable for maintaining it may be held accountable.
independence truck accident law firm will identify the relevant agency and hire an experienced construction or maintenance contractor to examine the root of the unsafe situation and if it's applicable. An experienced attorney can determine which parties could be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents are caused by defective equipment, including brakes as well as the coupling system, tires and cargo restraints. These pieces of equipment were created to withstand a lot of wear and tear and should be maintained and repaired to prevent failure. If something goes wrong, it could render the driver of a truck in a position to control the vehicle and may cause fatal or serious collisions. Incorrect parts and equipment for trucks could be the fault of several entities, including the trucking company and the manufacturer as well as the repair or parts dealer shop.
If an accident occurred because of a malfunctioning part or piece of equipment, the injured party could pursue damages for economic and non-economic losses. Economic damages can include future and present medical expenses as well as lost income and loss of earning capacity. Noneconomic damages include suffering and pain and brain injuries that are traumatic emotional distress, and traumatic brain injury. In some cases punitive damages may be awarded to punish the defendant and to prevent future negligent behavior.
Even with the best efforts of trucking companies and drivers, equipment malfunctions are bound to happen. It is crucial to identify the responsible parties in order to pursue compensation for your losses.
If you've been injured in a truck accident The experienced lawyers at the Burch Law Firm can assist. Call us today to arrange an initial consultation for free. Our lawyers will examine your case, determine liable parties, and fight to secure the compensation you deserve. We can help you get compensation to pay medical bills, lost wages, and physical or emotional suffering. We handle cases throughout Missouri including Jefferson City and Columbia. We are available 24 hours a days all week long to answer your phone.
3. Improperly loaded Cargo
Truck drivers and loaders must adhere to strict guidelines regarding stacking and securing the cargo they transport on the road. Failure to follow these guidelines could result in serious issues. In a recent research, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the main causes of truck accidents.
Many of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the road. This is particularly risky because the cargo could cause a danger or obstruction on the road and cause motorists to swerve. It could also fall on pedestrians who are walking or riding a bicycle near the truck.
Depending on the way in which the accident took place, a variety of parties could be at fault. If the driver was negligent when loading their cargo, for example this person could be held responsible under the legal doctrine of respondeat superior. The trucking company who employed the driver could also be held accountable in the sense that it is accountable for its employees' actions under the principle vicarious responsibility.
In instances where an accident happened because of unsafely loaded or secured cargo, an experienced truck accident lawyer will use professional investigators and police reports to determine what went wrong and who was responsible. A Cordisco and SAIL LLC lawyer can help victims determine the defendants they should submit a claim to compensation against. A successful claim may result in a settlement or verdict which gives victims the financial assistance they need to recover from the injuries they sustained.
4. Unsafe Road Conditions
Trucking companies, as as their drivers, have the responsibility of keeping their trucks in good working order. In the absence of this, it could lead to serious accidents. To ensure that the trucks are operating properly, mechanical parts are regularly checked and replaced. If this isn't the case it results in an unsafe and hazardous road.
Accidents involving trucks can also be caused by weather conditions or road conditions. Due to their massive size, trucks are much more likely to be involved in crashes when they drive in bad weather or on wet roads. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the number of hours they can drive per day. These rules are meant to protect the public. However truckers who ignore these rules in order to meet deadlines, or to earn more money from employers, they place the public at risk.
Potholes and uneven surfaces could cause skidding. Other issues can be due to inadequate road markings, such solid or broken lines that confuse drivers about the lane they're in, or merging ramps that are too narrow for large vehicles to safely switch lanes.
When a truck accident happens because of road conditions that are poor the trucking company, or the government agency responsible for maintaining that road could be liable for the accident. The person responsible for causing the unsafe conditions has to be proven guilty of breaching its obligation of care. This could be due to negligent hiring or maintenance of the vehicle, as well as drug testing. California law permits victims to claim damages for medical bills, lost wages, suffering and loss of quality life.
5. Injuries to Pedestrians
Truck accidents pose danger to pedestrians who walk along roads or even in their yards. The pedestrians aren't always protected from the weight and size of a truck and could suffer catastrophic or fatal injuries.
In these instances an attorney for personal injury will seek to recover compensation from the responsible party. In some cases the negligent party could be the truck driver who ran a red flag and struck the pedestrian. In other instances it could be a trucking business that allowed the trucker to work longer than the law allowed or did not maintain the vehicle in a timely manner.

Accidents involving trucks and pedestrians are usually caused by the driver's lack of attention or distraction. This type of accident happens frequently in car accidents, but it can be fatal for truck drivers since they are higher and have more blind zones which are difficult to perceive.
When a pedestrian is injured in a crash involving a truck it is possible to be awarded damages for medical bills as well as loss of earnings, pain and suffering, as well as property damage. However, in some cases where the plaintiff is found to be partially accountable for the accident due to their own actions, such as not moving over to the left shoulder when a truck began to swerve, they can be awarded a lower amount of compensation. This is why it is vital to choose an experienced and knowledgeable personal injury attorney to manage your case. Contact us now to get started.