Trucking accidents often result in severe injuries and significant property damage due to the sheer size and weight of commercial trucks. In the aftermath of such accidents, understanding the role of trucking regulations and securing the right legal representation can make a significant difference in the outcome of your case.
You can trust our knowledgeable attorneys at Cohen, Feeley, Altemose & Rambo to help you navigate the complexities of a trucking accident claim and make you feel at ease during this difficult and stressful time.
Understanding Trucking Regulations
Trucking regulations are designed to protect the safety of both truck drivers and other road users. These rules are primarily established and enforced by the Federal Motor Carrier Safety Administration (FMCSA).
Trucking regulations include several critical points:
Hours of Service (HOS) Regulations: These rules limit the number of hours a truck driver can be on the road to prevent fatigue-related accidents. For example, drivers are typically limited to 11 hours of driving within a 14-hour workday. Additionally, they must take a 30-minute break after 8 consecutive hours of driving. They also have a maximum of 60/70 hours on duty in 7/8 consecutive days, after which they must take a 34-hour rest period.
Vehicle Maintenance and Inspections: Trucks must undergo regular maintenance and inspections to check they are safe to operate. This includes checking brakes, tires, lights, and other critical components. Failure to maintain a vehicle properly can lead to mechanical failures and accidents.
Driver Qualifications: Truck drivers must hold a valid commercial driver’s license (CDL) and meet specific medical and physical requirements. They must also pass periodic drug and alcohol tests to establish they are fit to drive.
Weight and Size Limits: There are strict regulations on the maximum weight and size of commercial trucks to prevent road damage and ensure vehicle stability. Overloaded or improperly loaded trucks can cause severe accidents, especially if cargo shifts during transit.
How the Right Lawyer Can Strengthen Your Case
Navigating the aftermath of a trucking accident involves dealing with complex regulations and determining liability among various parties, including truck drivers, trucking companies, and vehicle manufacturers. This is where an experienced attorney can be invaluable.
Thorough Investigation: A skilled lawyer can conduct a comprehensive investigation into the accident, gathering critical evidence such as driver logs, maintenance records, and black box data. This evidence can help establish whether regulatory violations contributed to the accident.
Identifying All Liable Parties: Trucking accidents often involve multiple liable parties. An experienced attorney can identify all responsible parties, including the truck driver, the trucking company, maintenance providers, and even cargo loaders. They double-check to see if there’s any box that might not have been checked in the hunt for full compensation.
Expert Knowledge of Regulations: Understanding the intricate details of federal and state trucking regulations is crucial in building a strong case. Experienced attorneys like ours have the expertise to interpret these regulations and apply them effectively to your case.
Negotiation Skills: Insurance companies representing trucking firms often employ aggressive tactics to minimize payouts. A lawyer who can negotiate effectively on your behalf helps prevent bad actors from taking advantage of you. When people are injured due to another’s negligence, they should get what they need to recover.
Litigation Experience: If a fair settlement cannot be reached, your attorney should be prepared to take your case to court. Ask your lawyer if they have a proven track record of successfully litigating trucking accident cases. Clients should feel confident that their cases are in capable hands.
Statistics Highlighting the Importance of Regulations
The importance of these regulations is emphasized by some alarming statistics on trucking accidents. According to the National Highway Traffic Safety Administration (NHTSA), 4,842 large trucks were involved in fatal crashes in the United States in 2020, a 33% increase since 2011. FMCSA has identified driver fatigue, vehicle maintenance failures, and overloaded trucks as top contributors to these accidents.
Driver fatigue often results from exceeding regulated hours of service, leading to impaired reaction times. Vehicle maintenance failures, such as faulty brakes or tire blowouts, and overloaded trucks compromise vehicle stability and handling, increasing the risk of crashes.
Why You Should Hire A Truck Accident Attorney
Hiring a truck accident attorney is crucial for several reasons. Firstly, trucking accidents often involve multiple parties and complex regulations, making it challenging for individuals to navigate the legal landscape on their own. A skilled attorney can handle all aspects of your case, from investigating the accident to negotiating with insurance companies and representing you in court.
Additionally, truck accident attorneys have access to resources and experts who can strengthen your case. They can work with accident reconstruction specialists, medical professionals, and other experts to build a compelling case. Well-thought-out cases demonstrate the full extent of damages and the liability of the responsible parties.
Choosing an experienced attorney like the ones at Cohen, Feeley, Altemose & Rambo means you have a dedicated advocate fighting for your rights. Our firm has a deep understanding of both federal and state trucking regulations. We’ve excelled in holding negligent parties accountable and securing compensation for our clients. Our attorneys are committed to providing personalized, compassionate, and effective legal representation to help people through these difficult times.
SOURCES:
Summary of Hours of Service Regulations | FMCSA
Find A Truck Accident Lawyer Near You – Forbes Advisor
Benefits of Hiring a Truck Accident Lawyer
