Notes

A Time-Travelling Journey How People Discussed Truck Accident Law 20 Years Ago
Truck Accident Law

A competent truck accident lawyer possesses in-depth knowledge of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will seek out evidence, like the maintenance records of trucking companies that could be used to justify a claim of negligence.

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

1. Injured or fatigued Driver

The easiest way to determine who is responsible in a collision between two vehicles, a truck and a car is to examine the driver's behavior. An attorney for truck accidents can use surveillance footage and testimony from witnesses to determine the driver who is at fault.

Many places are equipped with surveillance cameras, including most interchanges and intersections as well in some gas stations, hotels, restaurants, and other businesses. davie truck wreck lawyer for truck accidents can use this evidence to identify a potential defendant, particularly if the driver seemed inattentive or distracted during the time of the accident.

In the event of a truck accident, the driver may be injured or fatigued at the time of the accident. The road logs of drivers could reveal if they were sleeping too much 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 be held accountable for the reckless actions of their employees. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep hours and increasing their risk of accident could also have contributed to.

Government agencies that are responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A knowledgeable lawyer for truck accidents will identify the relevant agency and hire an experienced maintenance or construction contractor to determine the cause of the unsafe situation, if applicable. A skilled attorney can identify the multiple parties that could be liable and pursue compensation from all sources.

2. Defective Equipment

Many truck accidents occur as a result of malfunctioning equipment. This includes tires, brakes and cargo restraints. These equipments are designed to withstand rigorous use, and must be inspected and maintained to avoid failure. If something goes wrong, it could render the driver of a truck in a position to control the vehicle and can result in fatal or serious collisions. Damaged parts and equipment for trucks could be the fault of several entities which include the trucking company and the manufacturer as well as the repair or parts dealer shop.

If an accident occurred because of a malfunctioning part or piece of equipment, the injured party could seek compensation for economic and noneconomic damages. Economic damages can include medical expenses now and in the future, loss of income and the loss of earning potential. Noneconomic damages could 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 recklessness.


Despite the best efforts of trucking companies and their drivers, some equipment issues are inevitable. It is crucial to determine the responsible parties to seek compensation for your losses.

If you have been involved in a collision with a truck the skilled attorneys at Burch Law Firm can assist. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will analyze the case, determine responsible parties, and fight for the compensation you're entitled to. We can help you recover compensation for medical expenses or lost wages, as well as physical or emotional pain. We handle cases in Missouri including Jefferson City and Columbia. We are accessible 24 hours a day and 7 days a week to answer your calls.

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

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

Most of these truck accidents are caused by cargo falling off the truck onto roadways or other vehicles. This is especially dangerous, as the cargo could create a risk or a problem on the road and cause drivers to turn around. It could also fall on people who are walking or riding a bicycle near the truck.

Based on the manner in which the incident took place, a variety of parties could be responsible. If an individual driver was negligent in loading their cargo, for instance, that person might be held responsible under the legal theory of respondeat superior. However the trucking company which employs that driver might be held accountable, too, because it is responsible for the actions of its employees according to the principle of vicarious liability.

An experienced attorney for accidents involving trucks will use police reports as well as professional investigators to identify the cause of an accident that was caused by improperly secured or loaded cargo. A Cordisco and SAIL LLC attorney can assist victims in determining which defendants they should file a claim for compensation against. A successful claim could result in a verdict or settlement that can provide victims with the money they require to cover the costs of.

4. Unsafe Road Conditions

The trucking companies, as well as their drivers, have the obligation of keeping their trucks in a good working condition. Failure to do so could lead to serious accidents. Trucks are often equipped with mechanical parts that need to be checked and replaced to allow they to function properly. If this is not done, it can cause a dangerous and unsafe road.

Truck crashes can also be caused by dangerous weather or road conditions. Because of their size trucks are more prone to crash in stormy conditions and on roads that are wet. In addition, truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration rules regarding how long they are allowed to drive in a day. These rules are meant to protect the public. However truckers disregard them to meet deadlines, or to earn more cash from employers, they are putting the public at risk.

Unsafe road conditions could 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 solid or broken lines that confuse drivers about the lane they're in, or merging ramps that are too narrow for large vehicles to safely change lanes.

When a truck accident happens due to road conditions that are not safe, the trucking company or the government agency responsible for maintaining that road could be held responsible for the occurrence. The party responsible for creating the unsafe conditions has to be proven to have violated its duty of care. This could be due to negligent hiring or maintenance of the vehicle, as well as drug testing. California law allows victims to recover damages for medical bills as well as lost wages, suffering and loss of quality life.

5. Pedestrian injuries

Truck accidents are dangerous for pedestrians on the streets or even in their yards. Pedestrians are often not protected from the weight and size of a vehicle and can be severely injured or killed.

In these kinds of cases an attorney for personal injury will seek compensation from any person who was negligent. In some instances, the negligent party may be the truck driver who ran a red light and struck a pedestrian. However, in other cases, it could be a trucking firm which allowed the trucker work longer than what is permitted by law, or failed to maintain the vehicle in a proper manner.

Distraction or inattention are two of the most common causes of accidents involving pedestrians and trucks. While this type of accident is common with any car accident, it can be more deadly due to the fact that truck drivers are typically higher in their cabs, and have larger blind areas which are difficult to spot.

If a pedestrian gets injured in a truck accident the pedestrian may be awarded damages for medical expenses or loss of earnings suffering and property damage. In some instances, where the plaintiff is found to be partly at fault for the crash because of their own actions, for example, not stepping over to the left shoulder when a truck started to swerve, they could be awarded less compensation. This is why it is vital to choose a knowledgeable and experienced personal injury lawyer to manage your case. Contact us now to get started.

My Website: https://vimeo.com/707116580