Truck Accident Law

A lawyer for truck accidents with expertise in the industry has a thorough understanding of the laws which govern truck drivers and trucking firms. They will look into evidence, like maintenance records of a trucking company that could be used to provide evidence to support a claim of negligence.

A NYC truck accident lawyer can identify the parties who are negligent in your case, and help you recover from your injuries.


1. Fatigued or injured driver

The most efficient method to determine who is responsible in a collision between an automobile and a car is to study the behavior of the driver. A lawyer who handles truck accidents can review surveillance footage and witness statements to determine the driver who was at fault.

Many places have surveillance cameras. This includes many intersections interchanges, hotels gas stations, restaurants and hotels. A skilled truck accident lawyer could use this evidence to identify a potential defendant, particularly when the driver seemed unobservant or distracted when the accident occurred.

In truck accidents, the driver may be fatigued or injured at the time of the accident. The road logs of the drivers can reveal whether they slept insufficiently 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 may also be held accountable for the negligent actions of their employees. A negligent hiring procedure or training policy could have contributed to the accident. Policies that encourage drivers to drive as long as they can, while reducing their rest and sleep hours and increasing their accident risk could have also contributed.

The government agencies responsible for maintaining roads can also be held accountable if a dangerous road contributed to the accident. A knowledgeable truck accident lawyer can identify the responsible agency and then hire a seasoned construction or maintenance contractor to investigate the cause of the unsafe road and if it's applicable. An experienced lawyer can identify various parties who could be responsible and seek compensation from each source.

2. Defective Equipment

Many truck accidents are caused by defective equipment, including the brakes and tires, coupling systems and cargo restraints. These pieces of equipment are designed to endure rigorous use and must be properly inspected, maintained, and repaired to avoid failure. When something goes wrong, the trucker might not be able to control their vehicle, and this could result in tragic or fatal accidents. Damaged truck parts and equipment can be the fault of several entities that include the trucking firm and the manufacturer as well as the repair or parts dealer shop.

If an accident occurred because of a defective part or piece of equipment, the person injured could seek compensation for economic and noneconomic losses. Economic damages are a combination of the current and future medical costs as well as lost income and loss of earning capacity. Noneconomic damages may include pain and discomfort, traumatic brain injuries, and emotional distress. In certain cases punitive damages might be available to punish the defendant to prevent similar negligence from happening in the future.

Despite gilbert truck accident lawyer of trucking companies and their drivers, a few equipment problems are inevitable. It is essential to identify the parties responsible in order to pursue compensation for the losses.

If you've been injured in a collision with a truck the skilled attorneys at the Burch Law firm can help. Contact us now to set up an appointment for a no-cost consultation. Our lawyers will examine your case, identify the responsible parties and fight to get the compensation you're entitled to. We can help you obtain the compensation you deserve for medical bills, lost work wages, as well as physical and mental suffering. We handle cases throughout Missouri, including Jefferson City and Columbia. We are on hand to answer your calls 24/7 all week long.

3. Improperly Loaded Cargo

Truck drivers and loaders must adhere to strict rules regarding stacking and securing the cargo they transport on the roads. If they don't follow these guidelines, it could cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration found that shifting cargo is one of the leading causes of truck accidents.

The majority of truck accidents result from cargo falling off the truck onto other vehicles or roads. This is especially dangerous because the cargo could cause a danger or an obstacle on the road and force other drivers to slow down. It may also fall on people who are walking or riding a bicycle near the truck.

Based on the circumstances of the incident, there could be multiple parties at fault. If a driver was negligent while loading their cargo, for example the driver could be held liable under the legal theory of respondeat superior. The trucking company that employed 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.

In cases in which an accident happened because of inadequately secured or loaded cargo, a seasoned truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was at fault. A Cordisco and SAIL LLC lawyer can assist victims in determining who they should pursue a claim for compensation against. A successful case could result in a verdict or settlement which will give victims the money they require to recuperate.

4. Unsafe Road Conditions

Trucking companies, as their drivers, share an obligation to keep their trucks in a good working condition. In the absence of this, it could lead to serious accidents. There are many mechanical parts in trucks that need to be checked and replaced in order for them to function properly. If this isn't done the result is an unsafe and hazardous road.

Truck accidents can also be caused by weather conditions or road conditions. Due to their massive size, trucks are more likely to be involved in crashes when they are driving in bad weather or on wet roads. In addition, truck drivers are required to follow strict Federal Motor Carrier Safety Administration regulations regarding the hours they can drive per day. These rules are meant to safeguard the public. However, when truckers ignore them in order to meet deadlines, or to earn more money from their employers, they put the public at risk.

Unsafe road conditions may include slippery pavement that prevents tires from maintaining traction, potholes and uneven surface that causes skidding. Other issues are inadequate markings for lane lines, such as broken or solid lines of lane that confuse drivers about the lane they're in and merging ramps for lane switching that are too small for large vehicles to safely change lanes.

If a truck accident occurs due to poor road conditions 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 hazardous conditions must be proven guilty of violating its obligation of care. This could be due to negligent hiring, vehicle maintenance, and drug testing. Under California law, the victims may seek compensation for medical bills and lost income, pain, and loss of quality of life.

5. Injuries to Pedestrians

Truck accidents can be extremely dangerous for pedestrians walking along roadways or even in their own backyards. People walking on foot are not always protected from the weight and size of a truck and could suffer fatal or catastrophic injuries.

In these cases an attorney for personal injury will seek to recover compensation from the party who was negligent. In some instances the negligent party could be the driver of the truck who ran a red flag and struck a pedestrian. However, in other cases it could be a trucking business that allowed the trucker to work longer than the law allows or failed to maintain the vehicle in a proper manner.

Distraction or inattention are among the most frequent causes of accidents involving trucks and pedestrians. Although this type of incident is not uncommon in any car accident, it may be more dangerous due to the fact that truck drivers are generally higher up in their cabs and have more blind spots that are difficult to discern.

When a pedestrian is injured in a crash involving a truck and is injured, they may be awarded damages for medical bills, loss of earnings, pain and suffering, as well as property damage. In certain cases, the plaintiff is found partly accountable for the incident due to their own actions (such as not stepping over to the left side when the truck started to swerve) the compensation they receive could be reduced in proportion. It is important to select an attorney for personal injuries who is skilled and experienced to manage your case. Contact us now to get started.