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17 Reasons Why You Shouldn't Not Ignore Truck Accident Law
Truck Accident Law

A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, encompassing the specific laws applicable to truck drivers and trucking companies. They will look into evidence, including trucking company maintenance records that could be used to justify a claim of negligence.

A NYC truck accident lawyer will identify the parties who are negligent in your case, and help you recover from your injuries.

1. Injured or fatigued Driver

The simplest method to determine who is at fault in a collision between an automobile and a car is to examine the behavior of the driver. A lawyer for truck accidents can look over surveillance footage and witness statements to determine which driver was responsible for the accident.

Many locations have surveillance cameras. This includes most intersections, interchanges, hotels gas stations and restaurants. A skilled truck accident lawyer can make use of this evidence to identify potential defendants, especially when the driver appeared unfocused or distracted when the accident occurred.

In the case of truck accidents it could be that the driver was fatigued or even injured during the time of the accident. A thorough review of the driver's road logs can reveal whether they slept too long without sleep or did not follow Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and require sufficient rest breaks.

The trucking company may also be held accountable for the negligent acts of their employee. A negligent hiring or training process could have contributed to this accident, as can policies that encourage drivers to drive for as long as they can by limiting their rest and sleep hours and thereby increasing the risk of being involved in an accident.

Government agencies that are responsible for maintaining roads may also be accountable if a road that is unsafe contributed to the accident. A knowledgeable lawyer for truck accidents can identify the appropriate agency and hire an experienced maintenance or construction contractor to investigate the cause of the dangerous condition, if applicable. An experienced attorney can identify several parties that could be responsible and seek compensation from every source.

2. Defective Equipment

Many truck accidents are caused due to defective equipment, such as brakes, tires, coupling systems and cargo restraints. These pieces of equipment are designed to withstand rigorous use, and must be assessed and maintained to avoid failure. When something goes wrong, it could make the truck driver unable control the vehicle and could result in fatal or serious collisions. The trucking company, the manufacturer, parts dealer, or repair shop can all be responsible for defective truck parts and equipment.

When an accident occurs because of a defective piece of equipment or a part, the injured party can claim damages for both economic and non-economic damages. Economic damages may include the current and future medical costs lost income, loss of earning capacity. Noneconomic damages could include pain and discomfort or traumatic brain injuries and emotional distress. In certain cases punitive damages can be available to punish the defendant to prevent similar negligence from happening in the future.

Despite the best efforts of trucking companies and drivers, equipment issues are a given. It is important to identify the parties responsible in order to seek compensation for your losses.

If you've been in a truck collision and need help from an experienced attorney at Burch Law Firm can assist. Contact us now to set up a complimentary consultation. Our lawyers will review the case, identify responsible parties and fight for the compensation you're entitled to. We can help you obtain the amount you need to pay for medical bills as well as lost wages and emotional or physical suffering. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are accessible 24 hours a day all week long to take your call.

3. Unloading Cargo Improperly

Loaders and drivers of trucks must adhere to strict regulations when it comes to stacking and securing the cargo they transport on the road. Any failure to comply with these guidelines could cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration identified that shifting cargo as one of the major causes of truck accidents.

A lot of these truck accidents involve cargo falling off the vehicle and onto other vehicles or the road. This can be especially dangerous due to the fact that the cargo may create an obstacle or cause a danger to the road, causing other drivers to swerve or crash into it. It may also fall on people who are cycling or walking near the truck.

Depending on the circumstances of the accident, there may be several parties at fault. If the driver was negligent when loading their cargo, for example, that person might be held liable under the legal doctrine of respondeat superior. The trucking company that employed that driver may also be liable in the sense that it is accountable for the actions of its employees in accordance with the principle of vicarious liability.

In cases where an accident was caused by improperly loaded or secured cargo, a seasoned truck accident lawyer can use professional investigators and police reports to determine the cause of the accident and who was responsible. A Cordisco and SAIL LLC attorney can help victims determine which defendants they should make a claim for compensation against. A successful claim may result in a settlement or verdict that can provide victims with the financial aid they need to recuperate.

4. Unsafe Road Conditions

Trucking companies and their drivers are obliged to keep their trucks in good condition, and when they fail to do this, it can lead to serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced in order for they to function properly. If this is not done, it can result in a dangerous, unsafe road.

The road and weather conditions can also cause truck crashes. Because of their dimensions, trucks are more likely to be involved in a crash if they are driving in bad weather conditions or on roads with a lot of water. Truck drivers must also follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they are permitted to drive each day. These regulations are designed to safeguard the public. However truckers disregard these rules to meet deadlines or to earn more cash from employers, they place the public at risk.

Potholes and uneven surfaces can cause skidding. Other issues could be caused by inadequate road markings, such solid or broken lines that confuse drivers about the lane they're in, or merging ramps that are too short for large vehicles to safely switch lanes.

When a truck accident happens because of poor roadway conditions, the trucking company or the government agency that is responsible for maintaining the road could be liable for the occurrence. The person who caused 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 testing for drugs. In accordance with California law, the victims may get compensation for medical expenses and lost income, pain, and loss of quality of 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 they can sustain catastrophic, often fatal injuries from such crashes.

In billings truck accident attorney for personal injury can seek compensation from the negligent party. In some instances it could be as simple as the truck driver who ran through a red light, and then struck the pedestrian, but in other cases, it could be the trucking firm that allowed the trucker longer shifts than allowed by law, failed to maintain the vehicle, or even conducted an investigation into the background of the driver which would have revealed the existence of a history of dangerous driving habits.

Accidents involving pedestrians and trucks are usually caused by drivers' inattention or distraction. This kind of accident happens frequently in car accidents, but it could be fatal for truck drivers since they are higher and have greater blind zones that are difficult to see.

If a pedestrian is injured in a car accident it is possible to be awarded compensation for medical expenses as well as loss of earnings, suffering and property damage. In some instances, the plaintiff is found partially at fault for the incident due to their own actions (such as not stepping over to the left side when the truck began to turn) their compensation could be reduced according to. This is why it is crucial that you retain a knowledgeable and experienced personal injury attorney to take care of your case. Contact us today to get started.

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