Truck Accident Law


A competent lawyer for truck accidents possesses in-depth knowledge of the trucking industry, as well as the specific laws that apply to truck drivers and trucking companies. They will look into and find evidence, such as maintenance records of the trucking company which could be evidence of negligence.

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

1. Injured or fatigued Driver

If a car that is a passenger encounters a truck, the easiest way to determine liability is to review the driver's actions and mannerisms. A truck accident lawyer will review surveillance footage and witness statements to pinpoint the driver who was at fault.

burbank truck accident lawsuit of places have surveillance cameras. This includes many intersections, hotels, interchanges gas stations, restaurants, and hotels. A skilled lawyer for truck accidents can make use of this evidence to identify potential defendants, particularly when the driver was unobservant or distracted during the time of the accident.

In truck accidents, the driver may have been fatigued or injured at the time of the incident. The road logs of drivers could reveal if they were sleeping too much or if they did not adhere to the Motor Carrier Safety Regulations, which limit the time truckers are allowed to spend on the road.

The trucking company can also be held responsible for the negligent actions of their employee. A negligent hiring practice or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, which in turn reduces their rest and sleep times and increasing their accident risk, may also have contributed.

Government agencies responsible for maintaining roads can also be held liable if a hazardous roadway caused the accident. A knowledgeable lawyer for truck accidents can identify the appropriate agency and enlist a skilled construction or maintenance contractor to determine the cause of the unsafe condition and, if appropriate, to determine the cause. A knowledgeable attorney can also determine which parties could be liable and seek compensation from all sources.

2. Defective Equipment

Many truck accidents are caused by malfunctioning equipment, including brakes and tires, coupling systems, and cargo restraints. These pieces of equipment are designed to withstand a lot of usage and must be examined and maintained to avoid failure. When something goes wrong the driver may be unable to control their vehicle, and it could cause serious or fatal accidents. The trucking company, the manufacturer of parts, the parts dealer, or repair shop may all be responsible for defective truck parts and equipment.

If an accident happens because of a malfunctioning piece of equipment or part the person who was injured can seek damages for both economic and noneconomic losses. Economic damages include future and present medical expenses lost income, loss of earning capacity. Noneconomic damages include pain and suffering trauma to the brain emotional distress. In certain circumstances, punitive damages are given to punish the defendant and prevent future negligent behavior.

Even with the best efforts by trucking companies and drivers equipment issues are inevitable. When this happens, it's crucial to identify the responsible parties so that you can seek compensation for your loss.

The highly skilled attorneys at the Burch law firm will assist you if you've been involved in a car accident. Call us today to arrange an appointment for a no-cost consultation. Our lawyers will analyze your case, identify the responsible parties and fight to get the compensation you deserve. We can help you get the amount you need to pay for medical bills as well as lost wages and emotional or physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are accessible 24 hours a day all week long to answer your call.

3. Improperly Loaded Cargo

Drivers and loaders of trucks must adhere to strict regulations in stacking and securing cargo they transport on the roads. Failure to follow these guidelines can lead to serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo was one of the most common causes of truck accidents.

A large number of truck accidents result in cargo falling off the vehicle and onto other vehicles or onto the roadway. This is particularly risky because the cargo can create a hazard or obstacle on the road and cause other drivers to swerve. It could also fall on people who are walking or riding a bicycle within the vicinity of the truck.

Based on the manner in which the incident took place, a variety of parties could be responsible. A driver who was negligent while loading his or cargo could be held liable under the legal theory of respondeat superior. However, the trucking company that employs the driver could be held accountable, too, because it is liable for the actions of its employees under the principle of vicarious liability.

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. An attorney from Cordisco and Saile LLC may assist victims in determining the proper defendants to pursue a claim against in order to obtain compensation for their losses. A successful claim may result in a settlement or verdict that provides victims with the funds they require to recuperate.

4. Unsafe Road Conditions

Companies that operate trucks, as well their drivers, also have the obligation of keeping their trucks in a good working condition. Failure to do so can lead to serious accidents. There are many mechanical parts in trucks that require to be examined and replaced in order for them to function correctly. If this isn't done it can result in an unsafe and dangerous road.

The road and weather conditions can cause truck accidents too. Due to their size, trucks are more likely to be involved in crashes when they are driving in bad weather conditions or on roads with a lot of water. Additionally truck drivers are required to follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive per day. These rules are designed to protect the public, but when truck drivers ignore them to meet deadlines or earn more money from their employers, they put the public at risk.

Potholes and uneven surfaces can cause skidding. Other issues could be caused by 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.

If a truck accident happens because of road conditions that are not safe, the trucking firm or government agency accountable to maintain the road may be held accountable. The party responsible for creating the dangerous conditions must be proven to have violated its obligation of care. This can include negligent hiring or maintenance of the vehicle, as well as testing for drugs. California law allows victims to recover damages for medical bills or lost wages, pain and loss of quality of life.

5. Accidents involving pedestrians

Truck accidents pose a risk to pedestrians who are walking along the roads or even in their yards. Most pedestrians don't have protection from the massive size and the weight of a truck and could suffer severe or even fatal injuries from such crashes.

In these kinds of cases, a personal injury attorney will seek compensation from any person who was negligent. In some cases, this may be as simple as the truck driver who ran at a red light and hit the pedestrian, however in other cases, it could be the trucking firm that allowed the trucker to work longer shifts than is permitted by law, did not maintain the vehicle, or conducted an examination of their background that would have found the history of unsafe driving habits.

Distraction or inattention are among the most common causes of accidents involving trucks and pedestrians. Although this type of incident is common with any car accident, it may be more fatal due to the fact that truck drivers are usually higher in their cabs, and have larger blind areas that are difficult to discern.

A pedestrian who is injured in a crash with a truck can receive compensation for medical expenses and lost earnings, as well as discomfort and pain, as well as property damage. In some instances, where the plaintiff is found to be partly accountable for the accident due to their own actions, such as not stepping over to the left shoulder when a truck began to swerve or avert, they may have their compensation reduced accordingly. It is crucial to find a personal injury lawyer who is knowledgeable and experienced to take care of your case. Contact us now to begin.