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trucking laws

Trucking Laws

All automobile collisions are highly dangerous. But crashes involving commercial trucks carry even more risks for those involved. 

Commercial trucks are much larger and heavier than average passenger vehicles. When a truck accident occurs, lifelong and catastrophic injuries are likely. 

If you or someone you love has suffered a truck accident injury, you may be owed significant compensation. It is important to contact a skilled auto accident injury attorney to help you secure justice in your case. 

It is vital to understand truck accident laws in the wake of a collision. Below, learn what you need to know regarding the regulations of commercial trucks.

Regulations for Truck Driver Conduct

The commercial trucking industry is subject to both state and federal regulations. All commercial motor carriers are subject to these laws. 

In the case of a traffic accident injury, regulations will help to determine legal liability. Two federal agencies oversee commercial trucking company regulations. These are the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT). 

Each state has specific laws and statutes that regulate commercial trucking. The interaction between state and federal laws makes commercial truck accidents highly complex. 

If you have been involved in an accident that resulted from a failure to adhere to regulations, you can pursue legal action. The commercial trucking company or the driver may be held responsible for the crash. 

Some of the regulations regarding commercial trucks and their drivers include:

Commercial Driving Licenses (CDL)

Those who drive large trucks are required to adhere to state regulations regarding commercial licensing. If the truck driver involved in your accident lacked proper licensing, it could influence the outcome of your legal claim. 

Failing to secure commercial driving licenses makes trucking companies vulnerable to legal action. This is especially true if the driver’s negligence was the cause of a collision.

Hours of Service Regulations

The hours that commercial truck drivers work are regulated by law. The maximum number of hours that drivers are permitted to work is known as “hours of service.” 

For instance, drivers are not allowed to operate their commercial vehicles for more than 11 consecutive hours. These 11-hour shifts must follow at least ten consecutive hours of rest.  

When drivers have driven for eight consecutive hours, they are required to take at least a 30-minute break. Drivers who fail to adhere to the hours of service regulations may be liable for any resulting motor vehicle accident injury.

Maximum Weight Requirements

Commercial trucks are only permitted to carry a certain amount of weight. Maximum weight regulations are determined by the size of the commercial vehicle. 

For instance, a single-axle truck is legally allowed to haul up to 20,000 pounds. Double-axle trucks can haul up to 34,000 pounds by law. 

When a truck is overloaded, the likelihood of accidents and injuries increases. By contacting a skilled truck accident attorney, you can determine whether the truck that caused your collision was violating maximum weight requirement regulations.

Hazardous Materials Regulations

Some trucks transport hazardous substances. The carriage of these substances is regulated by the Office of Hazardous Materials Safety (OHMS).  

If a driver or company violates OHMS standards and causes an accident, they can be held accountable for the resulting damages. To learn how to pursue compensation in a hazardous waste accident claim, speak with a skilled truck accident injury lawyer as soon as possible.

Quality Control

Large commercial trucks require regular maintenance and repair checks. This ensures that these vehicles can be operated safely. 

For instance, federal laws regulate the air braking systems on commercial trucks. If a trucking company fails to properly maintain its equipment, any resulting damage is its legal responsibility. 

However, some collisions are caused by defective truck parts or components. In these cases, the parts manufacturer, repairer, or supplier may be liable for any resulting harm. 

Truck accidents caused by faulty parts often form the basis of product liability claims. If you believe your traffic collision injury was the result of a defective truck part, do not hesitate. Find a skilled product liability attorney to represent you.

Common Damages in Commercial Trucking Accident Cases

If you or someone you love has been injured in a commercial trucking collision, you may be owed compensation. The term for payments to accident injury victims is “damages.” 

Any costs or losses that the victim suffers due to the accident can be claimed through legal damages. There are two main categories of compensation in most commercial truck accident cases. These include economic and non-economic damages.

What Are Economic Damages?

Economic damages compensate the accident victim for their direct monetary losses. Some of the most common examples of this type of compensation include: 

  • Ambulance fees;
  • The cost of hospital visits;
  • The price of doctor’s appointments;
  • In-home care costs;
  • Anticipated future medical expenses;
  • The cost of property replacement or repair;
  • Loss of future earning potential; and
  • Lost wages from missed work.

Most victims are uncertain about all of the monetary losses that resulted from their collision. That is why it is important to speak with a seasoned legal professional.

What Are Non-Economic Damages?

Non-economic damages are meant to compensate the victim for intangible emotional and psychological harm. Some typical examples of non-economic damages in commercial truck accidents include: 

  • Physical pain and suffering;
  • Mental anguish and distress;
  • Panic and anxiety disorders;
  • Post-traumatic stress disorder (PTSD); or
  • Disability and disfigurement.

Sadly, some accidents result in fatal injuries to victims. When this happens, the decedent’s estate holders can seek compensation through a wrongful death claim. 

No matter the circumstances of your commercial trucking accident, it is critical to contact a lawyer. With the help of a skilled traffic accident attorney, you can pursue the financial compensation that you are rightfully owed.

Contact a Trucking Accident Lawyer

When you need legal representation following a commercial truck accident, do not wait. If you or a loved one have been injured in a trucking accident, contact one of our local experienced attorneys. Complete our Free Claim Review form for a free, no-obligation consultation with an injury attorney. 

 

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