Trucking accidents represent some of the most catastrophic roadway events, primarily due to the sheer size and potential force behind a semitruck. These often-complex accidents come with a web of legal implications that may be challenging to unpack without a deep understanding of current truck accident laws. This article aims to provide an overview of trucking accidents, government regulations involved, and legal remedies available to victims.
- Understanding the Dynamics of a Truck Accident
Commercial trucks typically weigh 20-30 times more than passenger cars and are taller with greater ground clearance. This basic difference can result in severe and often fatal accidents involving smaller vehicles. Factors contributing to trucking accidents include driver fatigue, improper cargo loading, poor maintenance, manufacturers’ defects, inclement weather, and inadequate driver training.
- Government Regulations
Given the high risk associated with trucking transportation, there are established state and federal standards designed to regulate the trucking industry. These laws govern aspects like driver hours, maintenance, inspections, cargo handling, and more. The Federal Motor Carrier Safety Regulations (FMCSR), enforced by the Federal Motor Carrier Safety Administration (FMCSA), is the key body of regulations governing interstate commercial trucking. FMCSR sets rules for drivers’ Hours of Service (HOS), qualifications, vehicle inspection, repair, and maintenance, cargo securement, and more.
- Legal Liability in a Truck Accident
Determining liability becomes complicated in trucking accidents, given the multiple possible defendants. These include the truck driver, trucking company, cargo loaders, maintenance providers, or even truck manufacturers if the crash resulted from a vehicle part defect. It’s essential that all potential defendants are examined comprehensively, from the driver’s logs and training to the trucking company’s hiring practices, maintenance records, and compliance with the FMCSR.
- Legal Remedies for Victims
On establishing liability, victims of trucking accidents may be entitled to compensation for medical expenses, lost wages, loss of earning capacity, pain and suffering, and even punitive damages in cases of gross negligence. The exact compensation depends on the unique situation and the extent of the damages suffered.
- Why You Need a Legal Professional
The complexities involved demand the expertise of a legal professional well-versed in trucking accident litigation. Experienced attorneys can guide victims through the legal jungle, helping to navigate insurance companies, negotiation proceedings, and if necessary, represent their interests in court. In conclusion, trucking accidents present a challenging legal spectrum, which becomes significantly manageable with the help of legal professionals. Accidents involving commercial trucks require a deep knowledge of industry regulations, as well as a nuanced understanding of liability and damage assessment. The victims have rights that need to be protected and are often due compensation in these unfortunate situations. Legal professionals play an essential role in ensuring these rights are upheld, and that victims get the justice they deserve.
If you or a loved one has suffered an injury from a truck, give us a call at the Michael Brady Lynch Firm at 888-585-5970 or brandon@mblynchfirm.com.
Date: August 15, 2023
Author: Brandon Salter and Anoop Desai
Citations
https://www.iihs.org/topics/large-trucks
https://www.osha.gov/trucking-industry/safety-information
https://www.hg.org/legal-articles/determining-who-is-liable-for-a-truck-accident-47988