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Truck Accident Law: It's Not As Expensive As You Think
Truck Accident Law

A lawyer for truck accidents with expertise in the field has a thorough understanding of the laws that govern truck drivers and trucking companies. They will look into evidence, such as maintenance records of a trucking company which may be evidence to support a claim of negligence.

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

1. Fatigued or Injured Driver

If a car that is a passenger encounters a truck, the most effective method to determine the liability is to examine the conduct of the driver and his manner. An attorney for truck accidents can make use of surveillance footage and witness testimonies to determine the driver responsible.

Many places are equipped surveillance cameras, such as most interstates and interchanges, as well as certain gas stations, hotels, restaurants, and other businesses. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, especially when the driver was unobservant or distracted during the time of the accident.

In the event of a truck accident the driver may have been fatigued or injured at the time of the incident. A thorough investigation of the logs from the driver will reveal if they spent too long without sleep or if they did not adhere to Motor Carrier Safety Regulations that limit the amount of time truckers are allowed to spend on the road and require adequate rest breaks.

The trucking company could also be held accountable for the negligence of their employees. A negligent hiring or training method may have contributed to the accident, and so could policies that encourage drivers to stay on the road for as long as possible by limiting their sleep and rest time and increasing their chance of being involved in an accident.

If a road with a danger factor contributed to an accident, the government agency responsible for its maintenance can be held responsible. A truck accident lawyer who is knowledgeable will identify the person responsible and then a construction or maintenance contractor who has experience to determine the cause of any unsafe conditions in the event of a case. A skilled attorney can determine which parties could be liable and pursue 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 were designed to withstand heavy usage and should be maintained and repaired to prevent failure. When something goes wrong, it could make the driver of a truck unable to control the vehicle and could cause fatal or serious collisions. Incorrect truck parts and equipment can be the fault of a variety of entities such as the trucking company as well as the manufacturer and the parts dealer or repair shop.

When an accident occurs because of a malfunctioning piece of equipment or component that is damaged, the victim can seek damages for both economic as well as non-economic losses. Economic damages can include medical expenses now and in the future, lost income and the loss of earning potential. Noneconomic damages can include discomfort and pain or traumatic brain injuries and emotional anxiety. In certain circumstances, punitive damages may be awarded to punish the defendant and to prevent future mistakes.

Even with the best efforts of trucking companies and drivers, equipment malfunctions will always occur. It is crucial to determine the parties responsible in order to seek compensation for your loss.

If you've been involved in a collision with a truck and need help from an experienced attorney at the Burch Law firm can assist. Contact us today to schedule a free consultation. Our lawyers will review the case, determine responsible parties and fight for the compensation you're entitled to. We can help you recover compensation to pay medical bills as well as lost wages and physical or emotional suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a days, 7 days a weeks to take your call.

3. Unloading Cargo in a way that isn't safe

The cargo that trucks carry on the road might seem easy enough, but there are strict guidelines that loaders and drivers must follow in terms of stacking and securing their loads. Failure to adhere to these guidelines can cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the main causes of truck accidents.

A large number of truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly dangerous because the cargo could cause a danger or an obstacle on the road, and force other drivers to slow down. It may also fall on people who are cycling or walking within the vicinity of the truck.

Based on the circumstances of the accident, there may be a variety of parties responsible. A driver who was negligent when loading his or her cargo could be held liable in the context of the legal theory respondeat superior. The trucking company that employed that driver could also be held accountable in the sense that it is accountable for its employees' actions in accordance with the principle of vicarious liability.

An experienced attorney for truck accidents will use police reports as well as professional investigators to identify the cause of an accident caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC lawyer will assist victims to determine which defendants to submit a claim to compensation against. A successful claim can result in a verdict or settlement that can provide victims with the financial assistance they require to cover the costs of.

4. Unsafe Road Conditions

Trucking companies, as well their drivers, also have an obligation to keep their vehicles in good working order. carmel truck accident lawsuit to do this could lead to serious accidents. There are many mechanical parts in trucks that must be inspected and replaced in order for them to function correctly. If this isn't done the result is an unsafe and dangerous road.

The road and weather conditions can also trigger truck accidents. Because of their size trucks are more prone to crash in bad conditions and on roads that are wet. In addition, truck drivers must adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive each day. These rules are designed to protect the public, but when truck drivers fail to follow them to meet deadlines or earn more money from their employers, they put the public at risk.

Unsafe road conditions could include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other issues include poor lane markings like broken or solid lines of lane that confuse drivers about what lane they're in and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.


If a truck crash occurs due to road conditions that are poor the trucking company or government agency responsible to maintain the road could be held accountable. It is imperative to prove that the party responsible for the incident violated their duty of care in creating hazardous conditions, and this may include negligent hiring or maintenance of the vehicle, or drug testing. California law allows victims to seek damages for medical bills, lost wages, suffering and loss of quality of life.

5. Injuries to pedestrians

Truck accidents pose danger to pedestrians on the streets 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 or even fatal injuries from these kinds of accidents.

In these types of cases, a personal injury attorney will seek compensation from any person that was negligent. In some instances, this may be as simple as the truck driver if they ran through a red light, and then struck the pedestrian, but in other instances it could be the trucking company that permitted the trucker to work longer shifts than allowed by law, or failed to maintain the vehicle, or even conducted a background check that would have revealed a history of unsafe driving behavior.

Distraction or inattention are among the most common causes of accidents involving pedestrians and trucks. Although this type of incident is common with any car accident, it may be more deadly because truck drivers are generally higher in their cabs, and have bigger blind areas that are hard to see.

If a pedestrian gets injured in a car accident, they can be awarded compensation for medical expenses, loss of earnings, 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, like failing to move over to the left shoulder when a truck began to swerve, they can be awarded less compensation. This is why it's crucial that you retain an experienced and knowledgeable personal injury attorney to take care of your case. Contact us today to get started.

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