Getting into any accident on the road can be frightening, but accidents that involve large commercial trucks tend to cause some serious damage. Any accidents involving trucking companies should be thoroughly investigated to ensure that federal regulations aren’t violated.
Regulations place liability on a variety of parties that are involved, and by having an experienced truck accident attorney on your side, your odds of winning your case to seek damages are increased immensely.
What Trucking Safety Regulations Can Impact My Accident Case?
Violations in the trucking industry, especially where safety is concerned, are more common than people think. Truckers and their companies are required to follow all regulations to avoid road accidents, but the demands of their industry often entice owners and operators to neglect these regulations for efficiency and profit.
Federal Trucking Regulations
The Federal Motor Carrier Safety Administration, or FMCSA, regulates millions of driver’s license holders, in the hopes of reducing crashes involving large trucks and buses. The FMCSA has set the standards for operating motor vehicles to operate efficiently, but most importantly safely. These are the first of the FMCSA regulations that your experienced attorney will investigate if you are ever involved in a crash.
Hours of Service Regulations
Hours of service are how long drivers are allowed to be actively driving on the road. These regulations are slightly adjusted depending on whether they are transporting goods or people, but they were put in place to avoid drowsy or unalert drivers on the road. When drivers are pushed to meet deadlines this is one of the first regulations to be abandoned.
- Incomplete log information
- Rest breaks not being observed
- Exceeding their hours of service
Maintenance Laws
Every driver needs to consistently complete their inspections when they operate their vehicles. Plus it is the responsibility of the company to ensure that their drivers are properly trained on up-to-date inspections and that they are following through with them. These safety checks and maintenance laws are some of the easiest ways to win your case seeking damages. The most common of these violations are as simple as inoperable headlights, turn signals, or windshield wipers.
Drug and Alcohol Violations
Drug and alcohol violations are so much more for the trucking industry than driving under the influence. The violations include failing to participate in a testing program, or even driving before the results have come back. Drivers also need to submit to drug testing after any accident they are involved in and if they skip it that is another violation. Also for normal drivers the alcohol limit is .08 but for commercial vehicles, it is .04.
Most of these substance violations fall under the liability of the company and not the driver, and an investigation needs to determine if one or both are to be held liable.
Proper Training and Licensing
Having the proper training and licensing is the responsibility of the driver operating the vehicle, but the company will also be held liable if they hire that driver without them meeting those requirements. The FMCSA has concrete regulations on drivers having met certain criteria such as:
- Having a valid non-commercial driver’s license
- Age restrictions on crossing state lines
- Minimum driving experience
A proper attorney seeking your damages in case of an accident will also verify that the driver has an active and valid medical examiner’s certificate. This states that they are in a fit physical state to operate such a vehicle.
Trucking Accidents Caused by Negligence
Negligence and human error can be found in most accident cases. Simple things such as distracted drivers lulled by the monotony of a long day on the road. Fatigue can play into multiple factors, especially if they’re exceeding their hours of operation regulations. Cargo that is loaded precariously can become dislodged and either fall on the road becoming a hazard or can projectile into other vehicles.
Who Can Be Held Liable in a Truck Accident?
Trucking accidents are more complex than normal drivers because more parties are involved and can be held liable.
- Truck drivers
- Trucking company
- Truck Owner
- Truck manufacturer
- Cargo Company
Any one or more of these parties may be held liable in the case of an accident and that just is dependent on what caused the accident, what was damaged in the accident, and how experienced your attorney is in uncovering the truth and fighting for your case.
Contact Truck Law Today for Legal Assistance
Legal assistance in the case of an accident involving a commercial truck or bus is essential to repairing the damages thrust upon your life. Properly experienced attorneys are familiar with the numerous and convoluted regulations that drivers and companies need to adhere to. They will be able to establish where all liability is found and get you the most justice available to your case.
Truck.Law serves plaintiffs and their attorneys not only with expert legal services but an expert and up-to-date library of documents to refer to in their work. At Truck.Law we are dedicated to helping victims obtain the full compensation they deserve.
