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Truck Accident Law: What No One Is Discussing
Truck Accident Law

A competent truck accident lawyer has in-depth knowledge of the trucking industry, as well as the specific laws that govern truck drivers and trucking companies. They will look into evidence, like trucking company maintenance records that could be used to support a claim of negligence.

carmel truck accident law firm in NYC can help you determine who is responsible for your accident and assist you in recovering your injuries.

1. Driver injured or fatigued

If a vehicle carrying passengers collides with a truck, the most efficient way to determine liability is to look at the driver's actions and demeanor. A truck accident lawyer can utilize surveillance footage and testimony from witnesses to determine the driver at fault.

Many places have surveillance cameras. This includes many intersections interchanges, hotels, gas stations and restaurants. A skilled lawyer for truck accidents could use this evidence to identify potential defendants, particularly if the driver seemed inattentive or distracted at the time of the crash.

In the event of a truck crash, it could be that the driver was tired or injured at the time of the crash. The road logs of the drivers can reveal whether 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 could also be held accountable for the negligent actions of their employees. A improper hiring or training procedure might have contributed to the accident, as could policies that encourage drivers to stay on the road for as long as is possible, which can result in a reduction in rest and sleep hours and increasing their risk of being involved in an accident.

If a road with a danger factor contributed to an accident, the government agency responsible for maintaining it can be held responsible. A skilled truck accident lawyer can identify the relevant agency and enlist a skilled construction or maintenance contractor to investigate the cause of the unsafe condition and, if appropriate, to determine the cause. An experienced attorney can pinpoint multiple parties who may be responsible and seek compensation from every source.

2. Defective Equipment

Many truck accidents occur because of faulty equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand a lot of wear and tear and must be maintained and repaired to avoid failure. When something goes wrong, it could render a truck driver unable to control the vehicle and could cause fatal or serious collisions. Incorrect truck parts and equipment could be the responsibility of several different entities that include the trucking firm or the manufacturer, as well as the repair or parts dealer shop.

If an accident occurs as a result of an equipment or a component that is damaged, the victim can seek compensation for both financial and noneconomic losses. Economic damages can include medical expenses both now and in the future, lost income and the loss of earning potential. Noneconomic damages may include discomfort and pain as well as brain injuries that are traumatic, and emotional anxiety. In certain cases, punitive damages may be given to penalize the defendant and prevent future negligent behavior.

Despite the best efforts of trucking companies and their drivers, a few equipment issues will always arise. It is important to identify the parties accountable in order to pursue compensation for the losses.

The highly experienced lawyers at Burch law firm can help those who have been involved in a collision with a truck. Contact us today to set up an initial consultation for free. Our lawyers will analyze the case, identify the responsible parties and fight to get the compensation you deserve. We can assist you in obtaining compensation for medical expenses or lost wages, as well as physical or emotional pain. We handle cases throughout Missouri including Jefferson City, Columbia, and St. Louis. We are available 24 hours per day and 7 days a week to take your call.

3. Improperly loaded Cargo

The cargo trucks carry on the roads may seem easy enough, however there are strict regulations that loaders and drivers must adhere to when stacking and secure their loads. Any failure to comply with these guidelines can cause serious problems. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most common causes of truck accidents.

Many of these truck crashes result in cargo falling off the vehicle and onto other vehicles or onto the road. This is particularly risky because the cargo can create a hazard or obstacle on the road and force other drivers to swerve. It could also fall onto people who are walking or riding bikes within the vicinity of trucks.

In the event of the accident, there may be several parties at fault. If an individual driver was negligent in loading his or her cargo, for instance it could be held accountable according to the legal theory of respondeat superior. However the trucking company which employs the driver could be held accountable, too, since it is accountable for the actions of its employees in accordance with the principle of vicarious liability.

An experienced truck accident attorney can make use of police reports and professional investigators to determine the cause of an accident that was caused by improperly secured or loaded cargo. An attorney from Cordisco and Saile LLC may help victims identify the right defendants to make a claim against to seek compensation for their losses. 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 and their drivers have a duty to keep their vehicles in good condition, and when they do not, it can 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, it can result in a dangerous, unsafe road.

The cause of truck crashes is caused by dangerous weather or road conditions. Due to their huge size, trucks are much more likely to be involved in crashes when they drive in adverse weather or on wet roads. Truck drivers also have to adhere to strict Federal Motor Carrier Safety Administration guidelines regarding the amount of hours they can drive per day. These rules are meant to protect the public. However truckers disregard these rules in order to meet deadlines, or to earn more cash from employers, they place the public at risk.

Unsafe road conditions include slick pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other problems can include inadequate markings for lane lines, like broken or solid lines that confuse the driver about which lane they are in, and merging ramps that are too narrow for large vehicles to safely change lanes.

If a truck crash occurs because of poor road conditions, the trucking firm or government agency accountable to maintain that road could be held responsible. The party who created the hazardous conditions must be proven guilty of violating its obligation of care. This could include negligent hiring, vehicle maintenance, and drug testing. In accordance with California law, victims can seek compensation for medical expenses and lost income, pain and loss of quality of life.

5. Injuries to Pedestrians

Truck accidents pose danger to 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 truck and can be terribly injured or killed.

In these types of cases an attorney for personal injury will seek compensation from any person that was negligent. In certain cases the negligent party could be the driver of the truck who ran a red light and struck the pedestrian. But in other cases, it could be a trucking business which allowed the trucker to work longer than the law allowed, or failed to maintain the vehicle properly.

Distraction or inattention are among the most common causes of accidents involving trucks and pedestrians. While this type of accident is typical of any car accident, it may be more dangerous due to the fact that truck drivers are usually higher up in their cabs and have more blind spots that are hard to see.


A pedestrian injured in a truck crash can receive compensation for medical expenses loss of earnings, discomfort and pain, as well as property damage. In some cases, if the plaintiff is found partly at fault for the incident due to their own actions (such as not moving over to the left side when the truck began to accelerate), their compensation can be reduced accordingly. It is important to select an attorney for personal injuries who is skilled and experienced to take care of your case. Contact us now to get started.

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