Truck Accident Law

A truck accident lawyer with expertise in the industry has a deep understanding of the laws that govern truck drivers as well as trucking companies. They will seek out evidence, like maintenance records for trucking companies, that may justify a claim of negligence.

A NYC truck accident lawyer can assist you in determining who's the fault in your situation and assist you in recovering your injuries.

1. Fatigued or injured driver

When a vehicle driven by a person collides with a truck the easiest method of determining the extent of liability is to review the driver's actions and mannerisms. A lawyer who handles truck accidents can look over surveillance footage and witness statements to pinpoint the driver who was at fault.

Many places are equipped with surveillance cameras, including most intersections and interchanges as like some hotels, gas stations restaurants, and other establishments. A skilled truck accident lawyer could use this evidence to identify potential defendants, especially when the driver was unobservant or distracted at the time of the accident.


In the case of truck accidents, it is also possible that the driver was tired or injured at the time of the accident. A thorough investigation of the logs from the driver will reveal if they slept too long without sleeping or failed to follow Motor Carrier Safety Regulations that restrict the amount of time truckers can be on the road and require regular rest breaks.

The trucking company may also be held responsible for the negligence of their employees. A negligent hiring procedure or training policy could have led to the accident. Policies that encourage drivers to drive as long as they can, reducing their rest and sleep times and putting them at risk for accidents could also have contributed to.

The government agencies that maintain roads can also be held responsible if a hazardous road caused the accident. A truck accident lawyer who is well-versed can determine the agency responsible and hire a contractor for construction or maintenance with experience to investigate the cause of any unsafe conditions or other unsafe conditions, if applicable. An experienced attorney can identify multiple parties that may be liable and pursue compensation from all sources.

2. Defective Equipment

Many truck accidents are caused by defective equipment, such as brakes and tires, coupling systems and cargo restraints. These pieces of equipment were created to withstand heavy usage 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 result in fatal or even fatal accidents. The trucking company, manufacturer or parts dealer, or repair shop can all be responsible for defective truck parts and equipment.

If an accident occurs as a result of a malfunctioning piece of equipment or component the person who was injured can claim damages for both economic and non-economic losses. Economic damages can include medical expenses both now and in the future, lost income and the loss of earning potential. Noneconomic damages can include pain and discomfort or traumatic brain injuries and emotional anxiety. In some cases punitive damages can be given to punish the defendant and stop future mistakes.

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

The highly skilled attorneys at the Burch law firm can assist you if you have been involved in a truck crash. Call us today to arrange a free consultation. Our lawyers will review the case, identify the responsible parties and fight for the compensation you deserve. We can assist you in recovering compensation for medical bills and lost wages at work and physical and emotional pain. We handle cases throughout Missouri, including Jefferson City and Columbia. We are available 24 hours a days seven days a week to answer your calls.

3. Unloading Cargo Incorrectly

The cargo that trucks transport on the road may appear easy enough, however there are strict regulations that loaders and drivers must follow in terms of stacking and secure their loads. If they don't follow these guidelines, it could cause serious issues. In a report released recently, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the leading causes of truck accidents.

A lot of these truck accidents involve cargo falling off of the vehicle and onto other vehicles or the road. This can be particularly risky because the cargo might create an obstacle or cause a danger to the road, forcing other drivers to slow down or to crash into it. It may also fall onto pedestrians or riders on a bike in the vicinity of trucks.

Based on the manner in which the incident occurred, a number of parties could be responsible. If a driver was negligent in loading their cargo, for example, that person might be held liable under the legal principle of respondeat superior. The trucking company that employed that driver could also be held accountable for its actions, since it is responsible for its employees' actions in accordance with the principle of vicarious liability.

An experienced truck accident attorney can utilize police reports and professional investigators to determine what caused of an accident caused by inadequately secured or loaded cargo. A Cordisco and SAIL LLC lawyer can assist victims in determining which defendants to make a claim for compensation against. A successful claim may result in a settlement or a verdict which provides victims with the financial aid they require to recover from their injuries.

4. Unsafe Road Conditions

The trucking companies, as well the drivers they employ, bear the responsibility of keeping their trucks in a good working order. Failure to do so can result in serious accidents. To ensure that trucks work correctly, mechanical components are regularly checked and replaced. If this isn't done it results in a dangerous and unsafe roadway.

The weather and road conditions can also lead to truck crashes. Due to their huge size, trucks are more likely to be involved in a crash if they travel in bad weather or on wet roads. Additionally, truck drivers are required to follow strict Federal Motor Carrier Safety Administration rules regarding how long they can travel each day. These rules are meant to protect the public. However truckers who do not follow these rules in order to meet deadlines or to earn more cash from their employers, they put the public at risk.

Potholes and uneven surfaces could cause skidding. south gate truck wreck lawyer include inadequate lane markings such as broken or solid lane lines that confuse drivers about which lane they're on, and merging lane ramps that are too small for larger 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 the road could be liable for the occurrence. The party who created the unsafe conditions has to be proven to have violated its duty of care. This could include negligent hiring or vehicle maintenance, as well as testing for drugs. California law permits victims to seek damages for medical bills or lost wages, pain and loss of quality life.

5. Injuries to Pedestrians

Truck accidents can be extremely dangerous for pedestrians who are walking along the streets or in their yards. The majority of pedestrians are not protected from the size and the weight of a truck and they can sustain catastrophic injuries, which are often fatal, from these kinds of crashes.

In these instances an attorney who is able to handle personal injury may seek compensation from the party who was negligent. In some cases it could be as simple as suing the truck driver if they ran through a red light, and then struck the pedestrian, but in others, it could be the trucking firm that allowed the trucker to work longer shifts than required by law, did not conduct proper maintenance on the vehicle, or conducted an background check that would have revealed the history of unsafe driving behavior.

Distraction or inattention are the most frequent causes of accidents involving trucks and pedestrians. While this kind of incident is typical of any car accident, it can be more deadly due to the fact that truck drivers are generally higher in their cabs, and have larger blind areas which are difficult to spot.

If a pedestrian is injured in a truck accident it is possible to be awarded damages for medical expenses as well as loss of earnings, pain and suffering, and property damage. In some cases, if the plaintiff is found partially responsible for the accident because of their own actions (such as not turning over to the left side when the truck began to turn) the amount they receive will be reduced in proportion. This is why it's essential to retain an experienced and knowledgeable personal injury attorney to handle your case. Contact us today to begin.