Truck Accident Law

A truck accident lawyer with knowledge of the field has a deep understanding of the laws that govern truck drivers and trucking firms. They will look into and find evidence such as the maintenance records of the trucking company which could be evidence of negligence.

A NYC truck accident lawyer can help you determine who is responsible for your accident and help you recover your injuries.

1. Fatigued or injured driver

When a passenger vehicle collides with a truck, the easiest method to determine the liability is to review the driver's actions and demeanor. A truck accident attorney can utilize surveillance footage as well as witness testimony to determine which driver at fault.

Many places are equipped with surveillance cameras, which includes the majority of interstates and interchanges, as well some hotels, gas stations, restaurants, and other establishments. This evidence can be used by a truck crash lawyer to identify a potential defendant, particularly if a driver appeared distracted or inattentive at the time of the incident.

In the event of a truck accident, the driver may have been fatigued or injured at the time of the incident. The road logs of drivers will reveal if they slept too little 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 responsible for the negligent actions of their employee. A negligent hiring or training practice may have contributed to the accident, and so could policies that encourage drivers to stay on the road for as long as possible, minimizing their rest and sleep hours and increasing their risk of an accident.

The government agencies that maintain roads can also be held accountable if a dangerous road caused the accident. A truck accident lawyer who is experienced can determine the agency responsible and engage a contractor for construction or maintenance with experience to look into the root of any unsafe conditions and, if necessary, to determine the cause. A skilled attorney can determine the various parties that could be accountable and seek out compensation from all sources.

2. Defective Equipment

Many truck accidents are caused by defective equipment, like brakes and tires, coupling systems and cargo restraints. These components were developed to withstand heavy use and must be maintained and repaired to avoid failure. When something goes wrong, a trucker may be unable to control their vehicle and it could cause serious or fatal accidents. The trucking company, the manufacturer, parts dealer or repair shop may all be responsible for defective truck parts and equipment.

If an accident happened because of a defect in a component or piece of equipment, the victim could pursue damages for economic and noneconomic damages. Economic damages include future and present medical expenses, lost income, and loss of earning capacity. Noneconomic damages include discomfort and pain and brain injuries that cause trauma and emotional anxiety. In certain circumstances punitive damages might be available to punish the defendant in order to prevent similar negligence from occurring again.

Despite the best efforts of trucking companies and their drivers issues will always arise. When this happens, it is crucial to identify the responsible parties in order to claim compensation for your losses.

If you've been injured in a truck accident, the experienced attorneys at Burch Law Firm can help. Contact us now to set up an appointment for a no-cost consultation. Our lawyers will examine the case, identify responsible parties, and fight for the compensation you're due. We can assist you in obtaining compensation for medical bills or lost wages from work as well as physical and emotional suffering. We handle cases in Missouri, including Jefferson City and Columbia. We are available 24 hours per day seven days a week to answer your calls.

3. Unloading Cargo Unsafely

Loaders and drivers of trucks must adhere to strict rules in stacking and securing cargo they transport on the road. Failure to follow these guidelines could cause serious issues. In a recent study the Federal Motor Carrier Safety Administration found that shifting cargo was one of the leading causes of truck accidents.

Most of these truck accidents result from cargo falling from the vehicle onto roads or other vehicles. This is particularly risky, as the cargo could create a hazard or obstacle on the road and cause other drivers to swerve. It can also fall onto people who are walking or riding a bicycle in the vicinity of the truck.

Based on the circumstances of the incident, there could be a variety of parties responsible. A driver who was negligent in loading his or her cargo could be held accountable under the legal theory of respondeat superior. The trucking company employing that driver could also be held accountable in the sense that it is accountable for the actions of its employees under the principle vicarious responsibility.

An experienced attorney for truck accidents can make use of police reports and professional investigators to determine the root of an accident that was caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can help victims determine which defendants to file a claim for compensation against. A successful claim may result in a verdict or settlement which will give victims the financial assistance they require to recover.

4. Road conditions that are unsafe

The drivers and trucking companies are required to keep their trucks in good condition. If they fail to do this they could cause serious accidents. To ensure that trucks work properly, mechanical parts are often inspected and replaced. If this isn't done, it could lead to a dangerous and unsafe road.


Truck crashes can also be caused by dangerous weather and road conditions. Due to their size, trucks are much more likely to be involved in a crash when they drive in adverse weather or on wet roads. Additionally truck drivers are required to adhere to strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These regulations are designed to protect the public, but when truck drivers do not follow them to meet deadlines or to earn more money from their employers, it puts the public at risk.

Potholes and uneven surfaces can cause skidding. Other problems include inadequate markings for lane lines, such as solid or broken lane lines that make drivers confused about which lane they're in, and merging lane ramps that are too small for large vehicles to safely switch lanes.

If a truck accident occurs because of poor road conditions the trucking company or the government agency that is responsible to maintain the road could be held liable. It is essential to prove that the person responsible for the incident violated their duty of care by causing dangerous conditions. This could include negligent hiring or maintaining the vehicle, and drug testing. California law allows victims to recover damages for medical expenses as well as lost wages, suffering and loss of quality life.

5. Injuries to Pedestrians

Truck accidents can be extremely dangerous for pedestrians walking along the streets or in their own yards. Pedestrians typically have no protection from the massive size and the weight of a truck and they can sustain catastrophic, often fatal injuries from these kinds of crashes.

In these types of situations in these types of cases, a personal injury lawyer will seek compensation from the party that was negligent. In some cases it could be as easy as the truck driver who ran an intersection and struck the pedestrian, but in other instances it could be the trucking company that allowed the trucker to work longer shifts than allowed by law, did not conduct proper maintenance on the vehicle, or even conducted an investigation into the background of the driver that would have revealed an occurrence of unsafe driving behavior.

Distraction or inattention are among the most common causes of accidents involving trucks and pedestrians. While this type of accident is not uncommon in any car accident, it may be more fatal due to the fact that truck drivers tend to be higher up in their cabs. They also have more blind spots which are difficult to spot.

If a pedestrian gets injured in a car accident, they can be awarded compensation for medical expenses and loss of earnings, pain and suffering, and property damage. However, there are instances where the plaintiff is found to be partly responsible for the crash due to their own actions, like not stepping over to the left shoulder when a truck began to swerve, they could receive compensation that is reduced. It is important to select an injury lawyer who is skilled and experienced to manage your case. Contact fort wayne truck accident attorney to get started.