Commercial trucks are much larger vehicles than the personal vehicles like a car. If an accident occurs it could be quite serious. The damage to your vehicle and the physical injuries that you may sustain can be enormous. There are specific laws controlling trucks and the accidents involving them. The truck accident attorney can help you in getting the right compensation for your losses and injuries.
Federal and state laws regulate the trucking industry. The drivers and the trucking companies have to follow the established standards. These laws can ascertain as to who was liable for the commercial truck accident. The Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT) are the regulating authorities.
If an accident occurs with a big rig, semi-truck or other commercial vehicles due to the driver not following the regulations. The trucking company or the driver could be held responsible for your injuries and damages.
Correct Driving license
Drivers of big vehicles like 18 wheeler trucks, tankers or other similar commercial vehicles must adhere to the statutes and commercial driving licensing of the states. If the driver is not in possession of the applicable driving license at the time of the accident it can affect the legal case that you file against them and their employers.
Hours of Service
The duration that a driver is permitted to drive these large vehicles without taking a break to rest is specified under the regulations. This is known as “Hours of Service”
Based on the size of the truck, the maximum weight it can haul is fixed. For example, Single axle trucks are permitted to haul up to 20,000 pounds and the twin axle trucks can carry up to 34,000 pounds. Investigating what was it carrying at the time of the accident and when it was weighed last before the accident occurred is important. It could help you.
The trucks and other large vehicles need to adhere to quality control at the manufacturing level and have periodic maintenance checks. For example, if the air brake system or any part is found to be defective or has suffered excessive wear out, then you may be able to claim from the manufacturer of the truck, supplier or the repairer of the truck. This claim can be done under the law of “Product liability”.
The office of Hazardous materials safety (OHMS) has laid down safety regulations for the transporting of hazardous materials like chemicals, inflammable compounds etc. A Truck Accident Attorney can be consulted to pursue a claim if the truck is carrying such material at the time of the accident.
To win a claim against the truck driver, their employers or any related parties, you should be able to prove beyond reasonable doubt that the accident and the consequent damages are their fault. The trucking company can be held liable for the damages you have suffered under the law of “vicarious liability”. Consult a reputed attorney to fight your case to win and claim just compensation for the damages and injuries suffered by you due to the accident with a truck.