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Why You're Failing At Truck Accident Law
Truck Accident Law

A reputable lawyer for truck accidents has a deep understanding of the trucking industry, including specific laws that apply to truck drivers and trucking companies. They will investigate and uncover evidence like maintenance records of the trucking company that may provide evidence for a negligence claim.

A NYC truck accident lawyer can assist you in determining who is the fault in your situation and help you recover your injuries.

1. Injured or fatigued Driver

If a vehicle carrying passengers collides with a truck, the most efficient way to determine who is at fault is to examine the driver's actions and mannerisms. A truck accident attorney can make use of surveillance footage and witness testimony to determine the driver responsible.

Many locations have surveillance cameras. This includes all intersections interchanges, hotels gas stations and restaurants. This evidence can be used by a truck crash lawyer to determine a potential defendant, especially if the driver was distracted or not paying attention at the time of the incident.

In the event of a truck accident, it is also possible that a driver was tired or injured at the time of the crash. The road logs of drivers will reveal if they slept insufficiently 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 could be held accountable for negligence of their employees. A improper hiring or training procedure could have contributed to this accident, and so could policies that encourage drivers to remain on the road for as long as they can by limiting their rest and sleep hours and thereby increasing the risk of being involved in an accident.

If a hazardous road caused an accident the government agency responsible for maintaining it can be held accountable. A seasoned truck accident lawyer will identify the relevant agency and then hire a seasoned maintenance or construction contractor to look into the cause of the unsafe road and, if appropriate, to determine the cause. An experienced attorney can pinpoint various parties who could be liable, and pursue compensation from each source.

2. Defective Equipment

Many truck accidents happen because of faulty equipment. This includes tires, brakes and cargo restraints. These pieces of equipment were created to withstand heavy usage and must be maintained and repaired to prevent failure. If something goes wrong, it could render a truck driver unable to control the vehicle, and could cause fatal or serious collisions. The trucking company, manufacturer, parts dealer or repair shop may all be responsible for defective truck parts and equipment.

If an accident occurred as a result of a malfunctioning part or piece of equipment, the victim could seek damages for both economic and noneconomic damages. Economic damages include future and current medical expenses lost income, loss of earning capacity. Noneconomic damages include discomfort and pain as well as brain injuries that are traumatic, and emotional distress. In some cases punitive damages might be available to punish the defendant to prevent similar wrongful acts from happening again in the future.

Even with the best efforts of trucking companies and drivers, equipment issues are inevitable. If this happens, it's important to determine the liable parties in order to pursue compensation for your loss.

If you've been injured in a truck crash the skilled attorneys at the Burch Law firm can help. Contact us today to set up a free consultation. Our lawyers will review your case, determine liable parties and fight to obtain the compensation you deserve. We can help you get compensation to cover medical bills as well as lost wages and emotional or physical suffering. We handle cases in Missouri including Jefferson City and Columbia. We are available 24 hours a days and 7 days a week to answer your call.

3. Unloading Cargo Incorrectly

The cargo that trucks transport on the road may seem easy enough, however there are strict guidelines that loaders and drivers must follow in terms of stacking and securing their loads. Infractions to these rules could cause serious issues. In a recent report, the Federal Motor Carrier Safety Administration discovered that shifting cargo is one of the most common causes of truck accidents.

Most of these truck accidents result from cargo falling off the truck onto other vehicles or roadways. This can be especially dangerous due to the fact that the cargo may create an obstacle or hazard on the road, causing other drivers to slow down or hit it. It could also fall onto people walking or riding bikes in the vicinity of trucks.

Based on the manner in which the incident occurred, a number of parties could be responsible. A driver who was negligent while loading his or cargo could be held accountable in the context of the legal theory respondeat superior. The trucking company that employed the driver may also be liable for the negligence of its employees, since it is responsible for its employees' actions in the spirit of vicarious responsibility.

An experienced attorney for truck accidents can make use of police reports and professional investigators to determine the root of an accident caused by improperly secured or loaded cargo. A Cordisco & SAIL LLC attorney can assist victims in determining the defendants they should make a claim for compensation against. A successful claim can result in a settlement or verdict that provides victims with the financial assistance they require to cover the costs of.

4. Road conditions that are unsafe

Trucking companies, as well the drivers they employ, bear a responsibility to maintain their vehicles in good working order. If they don't, it can result in serious accidents. To ensure that the trucks are operating properly, mechanical components are often inspected and replaced. If this isn't done, it could result in a dangerous, unsafe road.

The weather and road conditions can also lead to truck crashes. Because of their size trucks are more likely to crash in stormy weather conditions and on roads with a lot of water. Additionally truck corona truck accident law firm must follow strict Federal Motor Carrier Safety Administration rules regarding how long they can travel each day. These regulations are designed to protect the public, but if truck drivers ignore them in order to meet deadlines, or to make more money from their employers, they put the public at risk.

Unsafe road conditions could include slippery pavement that prevents tires from maintaining traction, potholes, and uneven surface that causes skidding. Other problems can include inadequate markings for lane, such as broken or solid lines that confuse drivers on which lane they're in, and merging ramps that are too short for large vehicles to safely switch lanes.

If a car accident occurs due to poor road conditions, the trucking company or the government agency that is responsible for maintaining the road could be held responsible for the incident. The person who caused the dangerous conditions must be proven guilty of violating its obligation of care. This could be due to negligent hiring or maintenance of vehicles, as well as drug testing. Under California law, the victims may get compensation for medical expenses, lost income, suffering, and loss of quality of life.

5. Injury to a pedestrian

Truck accidents can be dangerous for pedestrians who are walking along the roads or even in their yards. Pedestrians are often not protected from the weight and size of a vehicle and can be severely injured or killed.

In these instances, an attorney for personal injury may seek compensation from the responsible party. In some instances, this may be as simple as the truck driver who ran through a red light, and then struck the pedestrian, but in other cases it could be the trucking company that allowed the trucker longer shifts than is permitted by law, did not maintain the vehicle, or conducted a background check that could have revealed the existence of a history of dangerous driving habits.

Distraction or inattention are among the most common causes of accidents involving pedestrians and trucks. While this kind of incident is normal in any car crash, it can be more deadly due to the fact that truck drivers are usually higher up in their cabs and have bigger blind areas that are difficult to discern.


If a pedestrian is injured in a car accident it is possible to be awarded damages for medical bills or loss of earnings pain and suffering, and property damage. In some instances, where the plaintiff is found to be partly accountable for the accident due to their own actions, for example, failing to move over to the left shoulder when a truck started to swerve, they can be awarded less compensation. This is why it's crucial that you retain a knowledgeable and experienced personal injury attorney to handle your case. Contact us now to get started.