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The Most Common Mistakes People Make With Truck Accident Law
Truck Accident Law

A lawyer for truck accidents with experience in the field has a thorough understanding of the laws that regulate truck drivers and trucking companies. They will look into and find evidence like maintenance records of the trucking firm that could prove negligence.

A NYC truck accident lawyer in NYC can assist you in determining who's responsible for your accident and help you recover your injuries.

1. Fatigued or injured driver

If a car that is a passenger is involved in a collision with a truck the most effective method of determining the extent of liability is to look at the driver's actions and demeanor. An attorney for truck accidents can make use of surveillance footage and witness testimonies to determine the driver at fault.

Many locations are equipped with surveillance cameras, including the majority of intersections and interchanges as well like certain gas stations, hotels restaurants, and other businesses. This evidence can be used by a truck crash lawyer to identify a possible defendant, particularly if the driver was distracted or not paying attention at the moment of the accident.

In indianapolis truck accident lawsuit of a truck accident, it is also possible that a driver was tired or injured at the time of the accident. A thorough investigation of the driver's road logs can reveal whether they slept too long without sleeping or if they did not adhere to Motor Carrier Safety Regulations that limit the amount of time that truckers spend on the road and require adequate rest breaks.

The trucking company could also be held accountable 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, while reducing their rest and sleep hours and thereby increasing their risk of being injured, may also have contributed.

If a hazardous road caused an accident, the government agency responsible for its maintenance can be held responsible. A truck accident lawyer who has experience can determine the agency responsible and then an expert in construction or maintenance who has experience to determine the causes of any dangerous conditions and, if necessary, to determine the cause. An experienced attorney can identify various parties who could be liable, and pursue compensation from every source.

2. Defective Equipment

Many truck accidents occur because of defective equipment. This includes brakes, tires and cargo restraints. These components were developed to withstand the rigors of use and should be maintained and repaired to avoid failure. When something goes wrong, it can leave the driver of a truck in a position to control the vehicle and can cause fatal or serious collisions. Defective truck parts and equipment could be the fault of a variety of entities which include the trucking company as well as the manufacturer and the repair or parts dealer shop.

If an accident occurs as a result of a malfunctioning piece of equipment or a part the injured party may seek compensation for both economic and noneconomic losses. Economic damages could include medical expenses now and in the future, loss of income and the loss of earning potential. Noneconomic damages include pain and suffering trauma to the brain emotional distress. In certain cases, punitive damages may be given to punish the defendant and stop future mistakes.

Even with the best efforts by trucking companies and drivers equipment problems are a given. When this happens, it is important to determine the liable parties to seek compensation for your losses.

The experienced attorneys at Burch law firm are able to assist you in the event that you've been involved in a truck crash. Contact us now to set up an appointment for a no-cost consultation. Our lawyers will examine your case, determine liable parties, and fight to secure 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 across Missouri, including Jefferson City, Columbia, and St. Louis. We are ready to take your calls anytime and seven days a semaine.

3. Improperly loaded Cargo

The cargo that trucks carry on the road may seem straightforward enough, but there are strict rules that loaders and drivers must adhere to when stacking and secure their loads. Failure to follow these guidelines can cause serious problems. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most frequent causes of truck accidents.

Most of these truck accidents are caused by cargo falling off the truck onto other vehicles or roadways. This can be especially dangerous because the cargo could create an obstacle or create a danger on the road, causing drivers to turn around or smash into it. It could also fall on people who are biking or walking within the vicinity of the truck.

In the event of the incident, there could be several parties at fault. If an individual driver was negligent in loading his or her cargo, for example the driver could be held responsible according to the legal theory of respondeat superior. However the trucking company which employs that driver might be equally liable, because it is responsible for the actions of its employees in accordance with the principle of vicarious liability.

In cases in which an accident was caused by unsecurely loaded or secured cargo, a seasoned truck accident lawyer can make use of professional investigators and police reports to determine the cause of the accident and who is at fault. An attorney from Cordisco and Saile LLC will help victims identify the right defendants to make a claim against to seek compensation for their losses. A successful claim can result in a settlement or verdict that provides victims with the funds they require to recuperate.

4. Unsafe Road Conditions


The drivers and trucking companies are obliged to keep their trucks in good condition, and when they do not it could result in serious accidents. To ensure that trucks operate properly, mechanical components are often inspected and replaced. If this isn't done it can result in dangerous and unsafe roads.

Accidents involving trucks can also be caused by hazardous weather and road conditions. Due to their huge dimensions, trucks are more likely to be involved in a crash when they travel in bad conditions or on roads that are wet. In addition truck drivers must follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These regulations are designed to protect the public, but if truck drivers do not follow them to meet deadlines or make more money from their employers, it puts the public at risk.

Unsafe road conditions may include slick pavement that stops tires from maintaining traction, potholes and uneven surfaces that cause skidding. Other problems include inadequate lane markings, such as broken or solid lines of lane that confuse drivers about the lane they're in and merging lane ramps that are too small for larger vehicles to safely switch lanes.

If a truck crash occurs because of road conditions that are poor the trucking company or the government agency that is responsible for maintaining the road could be held accountable for the incident. The party who created the hazardous conditions must be proven to have breached its duty of care. This could include negligent hiring, vehicle maintenance, and testing for drugs. California law permits victims to seek damages for medical bills and lost wages, as well as suffering and loss of quality life.

5. Accidents involving pedestrians

Truck accidents pose a risk to pedestrians who are walking along the roads or even in their yards. People walking on foot are not always protected from the weight and size of a truck, and may suffer catastrophic or fatal injuries.

In these cases, an attorney for personal injury will seek to recover compensation from the party who was negligent. In some instances, this may be as easy as the truck driver if they ran a red light and struck the pedestrian, but in other instances, it could be the trucking firm that permitted the trucker to work longer shifts than required by law, failed to take care of the vehicle, or conducted an examination of their background that would have found a history of unsafe driving behavior.

Distraction or inattention are two of the most common causes of accidents involving trucks and pedestrians. This kind of accident is quite common in car accidents, but it could be deadly for truck drivers since they are higher and have larger blind zones that are difficult to discern.

A pedestrian who is injured in a car crash may receive damages for medical expenses loss of earnings, pain and discomfort, and property damage. In some cases, if the plaintiff is found partly at fault for the accident because of their own actions (such as not stepping over to the left side when the truck started to slow down) their compensation could be reduced according to. This is why it's essential to retain an experienced and knowledgeable personal injury lawyer to take care of your case. Contact us now to get started.

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