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5 Laws Everyone Working In Truck Accident Law Should Be Aware Of
Truck Accident Law

A competent lawyer for truck accidents has in-depth knowledge of the trucking industry, as well as the specific laws applicable to truck drivers and trucking companies. They will investigate and uncover evidence, such as maintenance records of the trucking company which could prove negligence.

A NYC truck accident attorney can determine the negligent parties in your case, and help you recover from your injuries.

1. Injured or fatigued Driver

If a car that is a passenger collides with a truck, the most straightforward method to determine the liability is to review the driver's actions and mannerisms. A lawyer who handles truck accidents can examine surveillance footage and witness testimony to pinpoint the driver who was at fault.


A lot of places have surveillance cameras. This includes all intersections interchanges, hotels gas stations, restaurants and hotels. This evidence can be used by a truck wreck lawyer to identify a possible defendant, particularly if a driver appeared distracted or inattentive at the moment of the accident.

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

The trucking company may also be held liable for the negligent actions of their employees. A improper hiring or training procedure could have contributed to this accident, as can policies that encourage drivers to remain on the road for as long as possible while limiting their sleep and rest time and thereby increasing the chances of causing an accident.

The government agencies responsible for maintaining roads can also be held responsible if a hazardous road contributed to the accident. A knowledgeable lawyer for truck accidents can identify the relevant agency and employ a competent maintenance or construction contractor to determine the cause of the dangerous condition and if it's applicable. A knowledgeable attorney can identify multiple parties that may be accountable, and seek compensation from every source.

2. Defective Equipment

Many truck accidents occur because of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were designed to withstand heavy use and must be maintained and repaired to prevent failure. If something goes wrong, a trucker may be unable to control their vehicle, and this could result in tragic or fatal accidents. The trucking company, manufacturer, parts dealer, or repair shop can all be accountable for the malfunction of truck parts and equipment.

When an accident occurs because of an equipment or component the injured party may seek damages for both economic and non-economic losses. Economic damages include the current and future medical costs loss of income, loss of earning capacity. Noneconomic damages include pain and discomfort, traumatic brain injuries, and emotional distress. In certain instances, punitive damages can be awarded to punish the defendant and prevent future negligent behavior.

Despite the best efforts by trucking companies and drivers equipment malfunctions will always occur. If this happens, it's important to determine the liable parties in order to seek compensation for your losses.

The highly skilled attorneys at the Burch law firm are able to assist you in the event that you've been involved in a truck crash. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will analyze your case, identify liable parties and fight to obtain the compensation you are entitled to. We can assist you in recovering compensation for medical bills as well as lost wages from work, as well as physical and mental suffering. We handle cases across Missouri, including Jefferson City, Columbia, and St. Louis. We are available 24 hours a day and 7 days a week to answer your calls.

3. Improperly Loaded Cargo

Truck drivers and loaders must adhere to strict guidelines in stacking and securing cargo they transport on the roads. Failure to follow these guidelines can cause serious problems. In a recent study the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the major causes of truck accidents.

The majority of these truck crashes are caused by cargo falling from the vehicle onto roadways or other vehicles. This is especially dangerous since the cargo may create a risk or a problem on the road and force other drivers to swerve. It may also fall on people who are walking or riding a bicycle in the vicinity of the truck.

Depending on the circumstances of the accident, there may be multiple parties at fault. If a driver was negligent while loading his or her cargo, for instance it could be held liable according to the legal theory of respondeat superior. The trucking company that employed that driver could also be held accountable for the negligence of its employees, since it is responsible for its employees' actions under the principle of vicarious accountability.

An experienced lawyer for truck accidents can use police reports and professional investigators to determine what caused of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining who they should submit a claim to compensation against. A successful claim may result in a settlement or verdict that gives victims the financial assistance they require to recover from the injuries they sustained.

4. Road conditions that are unsafe

Trucking companies, as well their drivers, also have the obligation of keeping their trucks in a good working order. In fishers truck accident law firm of this, it can lead to serious accidents. To ensure that trucks function properly, mechanical components are regularly checked and replaced. If this isn't the case it can result in an unsafe and hazardous road.

The weather and road conditions can cause truck accidents too. 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 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 do not follow them in order to meet deadlines, or to make more money from their employers, they put the public at risk.

Unsafe road conditions could include slick roads that hinder tires from maintaining traction, potholes, and uneven surfaces that cause skidding. Other issues include insufficient lane markings like solid or broken lines of lane that confuse drivers about which lane they're on, and merging ramps for lane switching that are too small for larger vehicles to safely change lanes.

If a car accident occurs because of road conditions that are not safe the trucking company or the government agency that is responsible to maintain the road could be held accountable. It is essential to prove that the party in question violated their obligation of care by creating hazardous conditions, and this can be a result of negligent hiring and maintenance of the vehicle, or drug tests. California law allows victims to recover damages for medical bills and lost wages, as well as suffering and loss of quality of life.

5. Injury to a pedestrian

Truck accidents can be extremely hazardous for pedestrians walking along roadways or even in their yards. Pedestrians typically have no protection from the size and weight of a truck, and could suffer severe and often fatal injuries in these kinds of crashes.

In these situations an attorney for personal injury will seek to recover compensation from the responsible party. In some cases it could be as easy as the truck driver who ran an intersection and struck the pedestrian, however in other instances it could be the trucking firm that allowed the trucker longer shifts than is permitted by law, or failed to maintain the vehicle, or even conducted an investigation into the background of the driver that would have found a history of unsafe driving behavior.

Accidents involving trucks and pedestrians tend to be result from the driver's inattention or apathy. While this kind of incident is not uncommon in any car accident, it may be more fatal due to the fact that truck drivers are typically higher up in their cabs and have bigger blind spots that are hard to see.

A pedestrian injured in a truck crash can be awarded compensation for medical expenses and lost earnings, as well as pain and discomfort, and property damage. In some cases, the plaintiff is found to be partially responsible for the accident due to their own actions (such as not transferring to the left side when the truck began to accelerate) the compensation they receive could be reduced according to. It is crucial to find a personal injury lawyer who is experienced and knowledgeable to handle your case. Contact us today to get started.

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