Notes

10 Misconceptions Your Boss Shares About Truck Accident Law Truck Accident Law
Truck Accident Law

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

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

1. Driver injured or fatigued

The easiest way to determine who is responsible in a collision between an automobile and a car is to study the behavior of the driver. A truck accident lawyer can utilize surveillance footage and witness testimony to determine the driver at fault.

Many places have surveillance cameras. This includes all intersections, interchanges, hotels, gas stations and restaurants. A skilled truck accident lawyer can make use of this evidence to identify potential defendants, especially when the driver seemed unobservant or distracted at the time of the accident.

In cases of truck accidents it could be that the driver was fatigued or even injured during the time of the accident. A thorough investigation of the driver's road logs can reveal if they went too long without rest or if they failed to adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers are allowed to spend on the road and require sufficient rest breaks.

The trucking company could be held accountable for negligent acts of their employee. 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, which in turn reduces their rest and sleep times and putting them at risk for accidents may have contributed.

Government agencies that are responsible for maintaining roads may also be accountable if a road that is unsafe caused the accident. A seasoned truck accident lawyer can identify the appropriate agency and enlist a skilled construction or maintenance contractor to look into the cause of the dangerous condition, if applicable. An experienced attorney can pinpoint multiple parties that may be responsible and seek compensation from each source.

2. Defective Equipment

Many truck accidents are caused due to defective equipment, like brakes and tires, coupling systems, and cargo restraints. These pieces of equipment were created to withstand the rigors of use and should be maintained and repaired to avoid failure. When something goes wrong truckers may not be able to control their vehicle and this could lead to fatal or serious accidents. Defective truck parts and equipment may be the responsibility of several different entities which include the trucking company or the manufacturer, as well as the repair or parts dealer shop.

If an accident took place because of a defective component or piece of equipment, the person injured could seek damages for both economic and noneconomic losses. Economic damages include medical expenses both now and in the future, lost income and the loss of earning potential. Noneconomic damages could include pain and discomfort and brain injuries that cause trauma and emotional anxiety. In certain cases punitive damages might be available to punish the defendant in order to prevent similar wrongful acts from occurring in the future.

Even with the best efforts of trucking companies and drivers, equipment problems will always occur. When this happens, it is important to determine the liable parties in order to seek compensation for your losses.

If you've been involved in a truck crash the skilled attorneys at Burch Law Firm can assist. Contact us today to schedule an appointment for a no-cost consultation. Our lawyers will review your case, find liable parties and fight to obtain the compensation you deserve. We can help you obtain the compensation you deserve for medical bills and lost wages at work and emotional and physical suffering. 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 Incorrectly

Drivers and loaders of trucks must follow strict guidelines in stacking and securing the cargo they transport on the roads. Failure to adhere to these guidelines can lead to serious problems. In a report released recently, the Federal Motor Carrier Safety Administration found that shifting cargo is among the main causes of truck accidents.

A lot of these truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This can be extremely dangerous, as the cargo could cause a danger or an obstacle on the road, and force other drivers to swerve. It could also fall on pedestrians or cyclists riding bikes within the vicinity of a truck.

Depending on the circumstances of the incident, there could be multiple parties at fault. A driver who was negligent when loading his or cargo could be held liable in the context of the legal theory respondeat superior. However the trucking firm that employs the driver could be liable as well, because it is liable for the actions of its employees in accordance with the principle of vicarious liability.

In the event that an accident happened because of improperly loaded or secured cargo, an experienced truck accident lawyer can use professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco & Saile LLC can help victims identify the right defendants to file a claim against for compensation for their losses. A successful claim could result in a settlement or verdict that can provide victims with the financial assistance they require to cover the costs of.

4. Road conditions that are unsafe

The drivers and trucking companies are required to keep their trucks in a good working condition, and when they fail to do this they could cause serious accidents. Trucks are often equipped with mechanical parts that must be inspected and replaced in order for they to function properly. If this doesn't happen the result is an unsafe and hazardous road.

springfield truck accident law firm can also be caused by dangerous weather and road conditions. Because of their size, trucks are much more likely to be involved in crashes when they drive in bad weather conditions or on roads with a lot of water. Truck drivers also have to follow strict Federal Motor Carrier Safety Administration guidelines on the amount of time they are allowed to drive in a day. These regulations are designed to protect the public. However truckers disregard these rules in order to meet deadlines, or to earn more money from employers, they put the public at risk.

Potholes and uneven surfaces could cause skidding. Other issues include poor lane markings like solid or broken lines of lane that confuse drivers about what lane they're in and merging lane ramps that are too small for larger vehicles to safely change lanes.

If a car accident occurs due to road conditions that are poor, the trucking firm or government agency accountable to maintain that road could be held accountable. The person who caused the unsafe conditions has to be proven to have breached its obligation of care. This could include negligent hiring, vehicle maintenance, and testing for drugs. California law permits victims to recover damages for medical bills as well as lost wages, suffering and loss of quality life.

5. Accidents involving pedestrians

Truck accidents pose a risk to pedestrians walking along roads or even in their yards. It is not uncommon for pedestrians to be unprotected from the weight and size of a truck, and may be terribly injured or killed.


In these situations, an attorney for personal injury can seek compensation from the person who caused the injury. In some cases, the negligent party may be the driver of the truck who ran a red flag and struck the pedestrian. But in other cases, it could be a trucking company that allowed the trucker to work longer than the time allowed by law, or failed to maintain the vehicle in a timely manner.

Accidents involving pedestrians and trucks are usually caused by the driver's inattentiveness or apathy. This type of accident is very common in car accidents, but it can be deadly for truck drivers as they are higher and have more blind zones which are difficult to spot.

If a pedestrian is injured in a crash involving a truck the pedestrian may be awarded damages for medical expenses and loss of earnings, pain and suffering, and property damage. In some cases, if the plaintiff is found to be partially accountable for the incident because of their own actions (such as not stepping over to the left side when the truck started to swerve), their compensation can be reduced accordingly. This is why it is crucial that you retain an experienced and knowledgeable personal injury lawyer to manage your case. Contact us now to begin.

Here's my website: https://vimeo.com/707398218