Trucking Regulations and Your Accident Claim: Everything you need to know

Nearly all cases of commercial truck accidents rely heavily on federal and state regulations that govern the truckers’ actions. Trucking regulations include the driver’s demeanor and the truck’s proper maintenance. These are instituted to make the highways safer and reduce the accident rate. However, these regulations also play a vital role in handling personal injury claims after a truck crash. Let us examine how trucking regulations can impact your accident claim and how you can seek guidance from Dolan Dobrinsky Rosenblum Bluestein.

The Role of Federal and State Regulations

The trucking industry is heavily regulated, primarily by the Federal Motor Carrier Safety Administration, the U.S. Department of Transportation agency. These regulations guarantee that truckers operate their vehicles safely, and trucking companies must function with high safety standards. The majority can be enforced state-by-state; however, states may demand more rules for vehicles that pass through or where the vehicle will reside.

Your truck accident attorney might frequently determine whether such laws have been violated during a truck accident. A violation of trucking laws can be great evidence for your lawsuit because it may indicate negligence or even reckless behavior by the truck driver or the trucking corporation itself.

Hours of Service Laws

Among the trucking regulations that most affect accident claims are the Hours of Service (HOS). These details formulate how many hours a truck driver can drive without rest. For example, the driver must stop for 30 minutes if he or she has spent 8 hours driving and should not drive for more than 11 hours at any point in a 14-hour workday. After some hours of driving, the drivers must rest for several hours.

Violating HOS regulations by a truck driver can lead to driver fatigue, which is the most common cause of accidents. If an accident-prone fatigued driver caused the accident, proof that the driver had been on the road too long or failed to take necessary breaks would strengthen your claim. This might heighten the chances of a trucking company taking responsibility for the accident.

For the truck to be cleared to hit the road, it is subject to a check and servicing. A truck in an accident where the brakes failed, its tires blew out, or one of its parts failed can be attributed to a trucking company that did not properly maintain its vehicles. The FMCSA is responsible for having the trucks inspected and repaired routinely with the trucking companies.

If the corporation failed to maintain its vehicle as it is supposed to, by the set regulations, it could be a negligence case. For example, the trucking corporation would be held liable when a truck collided due to faulty brakes because the vehicle was not inspected or serviced on schedule.

Responsibilities of the Trucking Corporation

In addition to the laws requiring standards on drivers and vehicles, trucking companies are subject to certain standards under federal law. For instance, trucking companies must screen their drivers properly to meet all required qualifications, training, and experience.

In addition, trucking companies are required to have adequate insurance coverage. In a car crash accident, the amount of insurance the trucking company maintains will influence the settlement to which you are entitled. Knowing whether a trucking company complies with regulatory requirements can guide you on a claim that fully compensates for your injuries, lost wages, and other damages.

Conclusion

Regulations about trucking can make all the difference in your truck accident claim. Knowing these rules and the consequences in your case ensures you get justly settled. If involved in a truck accident, you’ll need to find the best personal injury attorney who will investigate possible violations of trucking regulations on your side. With the appropriate evidence, you can strengthen your claim and make the responsible people responsible for your injuries.

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