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5 Common Myths About Truck Accident Law You Should Stay Clear Of
Truck Accident Law

A reputable lawyer for truck accidents has in-depth knowledge of the trucking industry, including the specific laws that apply to truck drivers and trucking companies. They will seek out evidence, including trucking company maintenance records, that may provide evidence to support a claim of negligence.


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

1. Driver injured or fatigued

When a vehicle driven by a person collides with a truck the most straightforward way to determine liability is to look at the conduct of the driver and his manner. A truck accident lawyer can look over video surveillance footage and witness testimony to determine who was responsible for the accident.

Many places are equipped with surveillance cameras, such as most intersections and interchanges as well like certain gas stations, hotels, restaurants, and other businesses. A skilled truck accident lawyer could 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 might have been fatigued or injured at the time. A thorough analysis of the driver's logs will reveal if they spent too long without sleeping or if they failed to adhere to Motor Carrier Safety Regulations that restrict the time truckers are allowed to spend on the road and demand sufficient rest breaks.

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

Government agencies that are responsible for maintaining roads can also be held accountable if a road that is unsafe caused the accident. A skilled truck accident lawyer can identify the responsible agency and enlist a skilled maintenance or construction contractor to examine the root of the unsafe road and if it's applicable. A seasoned attorney can identify the multiple parties that could be liable and pursue compensation from all sources.

2. Defective Equipment

Many truck accidents happen because of defective equipment. This includes brakes, tires and cargo restraints. These pieces of equipment were created to withstand heavy usage and should be maintained and repaired to prevent failure. When something goes wrong, it could leave the truck driver unable control the vehicle and may result in serious or fatal collisions. The trucking company, the manufacturer, parts dealer, or repair shop may be held accountable for the defective truck parts and equipment.

When an accident occurs because of a malfunctioning piece of equipment or part that is damaged, the victim can seek compensation for both financial and noneconomic losses. Economic damages include the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages could include pain and discomfort, traumatic brain injuries, and emotional distress. In certain instances punitive damages can be available to punish the defendant to stop similar mistakes from happening in the future.

Even with the best efforts by trucking companies and drivers, equipment issues are a given. When this happens, it is crucial to identify the responsible parties in order to seek compensation for your loss.

If you've been involved in a truck collision the skilled attorneys at the Burch Law Firm can assist. Contact us today for an appointment for a no-cost consultation. Our lawyers will analyze your case, identify the responsible parties, and fight to secure the compensation you are entitled to. We can assist you in obtaining the amount you need to pay for 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 available 24 hours a days, 7 days a weeks to take your call.

3. Improperly loaded Cargo

Truck drivers and loaders must adhere to strict rules in stacking and secure the cargo they transport on the roads. Any failure to comply with these guidelines can cause serious issues. In a recent study the Federal Motor Carrier Safety Administration found that shifting cargo was one of the main causes of truck accidents.

Many of these truck accidents involve cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be particularly risky due to the fact that the cargo may create an obstacle or create a danger on the road, causing motorists to swerve or to crash into it. It may also fall onto pedestrians or cyclists riding bicycles in the vicinity of the truck.

Based on the manner in which the incident occurred, multiple parties may be at fault. If a driver was negligent in loading their cargo, for instance this person could be held accountable under the legal doctrine of respondeat superior. However the trucking company that employs that driver might be liable as well, because it is responsible for the actions of its employees based on the principle of vicarious liability.

In elk grove truck accident attorney where an accident happened because of inadequately secured or loaded cargo, an experienced truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco and Saile LLC can assist victims in determining the proper defendants to bring a lawsuit against for compensation for their losses. A successful claim may result in a settlement or a verdict which gives victims the financial assistance they need to recover from the injuries they sustained.

4. Unsafe Road Conditions

The drivers and trucking companies are obliged to keep their trucks in good working condition, and when they do not, it can lead to serious accidents. There are many mechanical parts in trucks that require to be examined and replaced to allow them to function properly. If this doesn't happen it can result in an unsafe and dangerous road.

Accidents involving trucks can also be caused by dangerous weather and road conditions. Because of their size trucks are more likely to be involved in accidents during stormy weather conditions and on roads with a lot of water. Truck drivers must also adhere to strict Federal Motor Carrier Safety Administration regulations regarding the number of hours they can drive per day. These rules are intended to protect the public. However truckers disregard these rules in order to meet deadlines or to earn more cash from employers, they put the public at risk.

Potholes and uneven surfaces can cause skidding. Other issues include insufficient lane markings like solid or broken lane lines that cause confusion for drivers about which lane they're in, and merging lane ramps that are too small for larger vehicles to safely change lanes.

If a truck accident happens because of road conditions that are not safe the trucking company or government agency that has the responsibility to maintain that road could be held liable. The person responsible for causing the dangerous conditions must be proven guilty of breaching its obligation of care. This could be due to negligent hiring or maintenance of the vehicle, as well as testing for drugs. Under California law, victims can seek compensation for medical bills and lost income, pain, and loss of quality of life.

5. Pedestrian injuries

Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. People who walk on foot are usually not protected from the huge size and weight of a truck and could suffer severe injuries, which are often fatal, from such crashes.

In these types of situations in these types of cases, a personal injury lawyer will seek compensation from any person that was negligent. In certain cases, the negligent party may be the truck driver who ran a red signal and struck a pedestrian. But in other cases it could be a trucking firm which allowed the trucker to work longer than the law allowed or did not maintain the vehicle in a proper manner.

Inattention or distraction are the most frequent causes of accidents involving trucks and pedestrians. This kind of accident is very common in car accidents, but it could be deadly for truck drivers because they are higher and have larger blind zones that are difficult to discern.

If a pedestrian is injured in a crash involving a truck and is injured, they may be awarded compensation for medical bills and loss of earnings, suffering and property damage. In some cases, the plaintiff is found to be partially at fault for the accident because of 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. This is why it's essential to retain a knowledgeable and experienced personal injury attorney to handle your case. Contact us now to begin.

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