Trucking industry regulations exist at the state level and on the federal level. A violation of these regulations can make it easier for crash victims to pursue a claim for compensation after a truck collision. An attorney can provide advice and information on whether violations of trucking laws occurred and on how this violation can impact an injury or wrongful death claim.
Call an experienced DC truck accident attorney today to learn more.
The Federal Motor Carrier Safety Regulations (FMCSRs) govern many aspects of truck operations, truck maintenance, and truck inspections. FMCSRs establish requirements for truck drivers as well as for trucking companies. Among these trucking industry regulations are rules and requirements limiting the number of hours truck operators can drive as well as mandatory minimum liability insurance requirements.
Truck drivers are not only expected to comply with FMCSRs but also must follow all state and federal rules for obtaining and maintaining a commercial driver’s license (CDL) and for keeping their truck below required weight limits. Commercial drivers are subject to more vigorous training requirements than motorists with a standard motor vehicle license, and there is a lower blood alcohol concentration (BAC) limit before a truck driver is considered impaired.
Federal and state rules for truckers are designed to reduce the chances of a serious motor vehicle collision. When the rules are violated, this may increase the chance that a crash will happen. If you become involved in a collision, you need to speak with an attorney who has experience with truck cases and trucking industry regulations.
One of the first things your attorney can do is help you to determine if any trucking industry regulations were violated. This is important because a violation of safety rules may create a presumption of negligence.
In a typical personal injury or wrongful death claim after a car accident, you have the burden of proving negligence by showing that a driver who caused your crash was careless, compared to an average reasonable motorist. Because a violation of a regulation may create a presumption of negligence, you may be able to point to the violation of the regulation to satisfy the burden of proving carelessness.
FMCSRs also help truck crash victims in other ways. For example, these federal trucking industry regulations require truck drivers to keep logs of their time spent on-duty in order to determine if the drivers violate limits on the number of hours they can drive. FMCSR also require records of truck maintenance. Your lawyer can subpoena these records to use as evidence in your case. The FMCSR minimum insurance requirements of $750,000, or $5 million in liability coverage for trucks transporting hazardous materials, also ensure there is sufficient money available to pay for losses and damages caused when a collision occurs.
Victims of truck collisions and their families need an advocate on their side who knows the federal trucking industry regulations so they can determine if a violation led to their crash. Call a personal injury lawyer as soon as possible after your crash to begin building a case against the driver or company responsible for harming you.
