10 Things Everyone Hates About Truck Accident Law Truck Accident Law

A lawyer for truck accidents with experience in the field has a thorough understanding of the laws which govern truck drivers and trucking companies. They will conduct an investigation to find evidence, like trucking company maintenance records which may be evidence to provide evidence to support a claim of negligence.

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


1. Fatigued or Injured Driver

When a passenger vehicle is involved in a collision with a truck the most effective method to determine the liability is to scrutinize the driver's actions and demeanor. A truck accident attorney can utilize surveillance footage and testimony from witnesses to determine the driver responsible.

A lot of places are equipped with surveillance cameras, which includes the majority of intersections and interchanges as as some hotels, gas stations restaurants, and other establishments. This evidence can be used by a truck accident lawyer to identify a potential defendant, especially if the driver was distracted or not paying attention at the moment of the accident.

In the event of a truck crash, it could be that the driver was fatigued or even injured at the time of the crash. The road logs of the drivers will show if they slept insufficiently or did not follow the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.

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

If a dangerous road caused an accident, the government agency responsible for its maintenance can be held responsible. A truck accident lawyer who is well-versed can identify the agency responsible and hire a contractor for construction or maintenance who is experienced to investigate the root cause of any hazardous conditions, if applicable. An experienced attorney can identify multiple parties who may be responsible, and seek compensation from every source.

2. Defective Equipment

Many truck accidents happen because of the malfunctioning equipment. This includes tires, brakes and cargo restraints. These pieces of equipment are designed to stand up to the rigors of use and should be checked and maintained to prevent failure. If something goes wrong, it can leave the driver of a truck unable to control the vehicle and may cause fatal or serious collisions. The trucking company, the manufacturer of parts, the parts dealer, or repair shop can be held accountable for the defective truck parts and equipment.

If an accident happens because of a malfunctioning piece of equipment or part the person who was injured can claim damages for both economic as well as non-economic losses. Economic damages may include medical costs at present and in the future, lost income and loss of earning potential. Noneconomic damages include pain and suffering, traumatic brain injury emotional distress. In some cases punitive damages can be awarded to punish the defendant and stop future negligence.

Despite the best efforts of trucking companies and drivers, equipment issues are inevitable. It is important to identify the responsible parties to pursue compensation for your loss.

If you've been involved in a truck accident The experienced lawyers at Burch Law Firm can help. Contact us today to schedule an initial consultation for free. Our lawyers will go over the case, find responsible parties, and fight to get the compensation you deserve. We can assist you in obtaining compensation to cover medical bills as well as lost wages and physical or emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a days, 7 days a weeks to take your call.

3. Unloading Cargo Improperly

The cargo that trucks carry on the road might seem easy enough, however there are strict regulations that drivers and loaders must follow in terms of stacking and secure their loads. Infractions to these rules can lead to serious problems. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is among the most common causes of truck accidents.

The majority of truck accidents are caused by cargo falling from the vehicle onto other vehicles or roads. This is particularly risky, as the cargo could cause a danger or obstruction on the road and cause other drivers to swerve. It could also fall on pedestrians who are biking or walking within the vicinity of the truck.

In the event of the incident, there could be multiple parties at fault. If a driver was negligent in loading their cargo, for instance the driver could be held responsible under the legal theory of respondeat superior. The trucking company that employed the driver could also be held accountable, as it is responsible for the actions of its employees under the principle of vicarious accountability.

An experienced attorney for truck accidents will use police reports as well as professional investigators to determine the cause of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney will assist victims to determine the defendants they should pursue a claim for compensation against. A successful claim may result in a settlement or a verdict which provides victims with the financial aid they require to recover from the injuries they sustained.

4. Unsafe Road Conditions

Trucking companies and their drivers are required to keep their vehicles in good condition, and when they fail to do this it could result in serious accidents. To ensure that trucks function correctly, mechanical parts are regularly checked and replaced. When this doesn't happen, the result is a dangerous and unsafe roadway.

The weather and road conditions can also trigger truck accidents. Due to their size truck's size, they are more likely to be involved in crashes during bad conditions and on roads that are wet. In addition truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive each day. palm coast truck accident attorney are intended to protect the public, but when truck drivers fail to follow them to meet deadlines or make more money from their employers, they put the public in danger.

Potholes and uneven surfaces could cause skidding. Other problems include inadequate markings for lane lines, such as solid or broken lines of lane that confuse drivers about which lane they're in, and merging ramps for lane switching that are too small for large vehicles to safely change lanes.

When a truck accident happens due to poor road conditions, the trucking company, or the government agency that is responsible for maintaining the road could be held responsible for the incident. It is imperative to prove that the person who caused the accident violated their obligation of care by creating dangerous conditions. This may include negligent hiring or maintenance of the vehicle, or drug screenings. California law allows victims to recover damages for medical expenses or lost wages, pain and loss of quality life.

5. Injury to a pedestrian

Truck accidents are dangerous for pedestrians on the streets or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a vehicle and can be severely injured or killed.

In these kinds of cases, a personal injury attorney will seek compensation from any party who was negligent. In some cases, this may be as simple as suing the truck driver if they ran at a red light and hit the pedestrian, however in other cases it could be the trucking company that permitted the trucker to work longer hours than permitted by law, did not conduct proper maintenance on the vehicle, or even conducted an examination of their background that would have found the existence of a history of dangerous driving habits.

Distraction or inattention are the most frequent causes of accidents involving pedestrians and trucks. This type of accident is quite common in car accidents, but it could be deadly for truck drivers as they are higher up and have greater blind zones that are difficult to see.

If a pedestrian gets injured in a truck accident the pedestrian may be awarded compensation for medical bills as well as loss of earnings, suffering and property damage. In some cases, the plaintiff is found partially responsible for the accident due to their own actions (such as not turning over to the left side when the truck began to swerve), their compensation can be reduced accordingly. It is crucial to find a personal injury lawyer that is experienced and knowledgeable to take care of your case. Contact us today to start.