If you or someone you know has been involved in a trucking accident, you may want to seek legal help. A trucking lawyer can provide valuable insight into the various types of laws that apply to your situation. These lawyers may be able to help you recover compensation for your damages.
Federal agencies governing trucking law
The Federal agencies governing trucking law are responsible for ensuring that everyone on the road is safe. They also ensure that trucking companies and drivers are held to strict regulations. If someone is injured or killed as a result of the violation of one of these rules, the company or driver may be liable for damages.
Many of the regulations imposed on the trucking industry are difficult to understand. A professional lawyer will help you understand them. You can find out more about the rules at the Federal Motor Carrier Safety Administration website.
FMCSA rules are aimed at preventing traffic-related accidents and fatalities. They address things like driving hours, safety of hazardous materials, and maintenance. They also include rules about how to secure cargo and how to hire and test drivers.
While many people believe that safety regulations are a burden on the bottom line of trucking companies, these laws are in place to protect the public. However, unscrupulous individuals and companies sometimes try to skirt safety regulations to gain a profit.
Trucking companies that violate the rules can be fined and put off the road. In addition, individuals can sue to stop implementation of the rule.
The FMCSA was created by the Motor Carrier Safety Improvement Act of 1999. Its mission is to improve the safety of large commercial trucks on the road.
In order to comply with FMCSA rules, a trucking company must register with the agency. It must also submit a financial liability statement.
Several other federal agencies also regulate the industry. These include the Department of Transportation (DOT), the Federal Highway Administration (FHWA), and the Federal Aviation Administration (FAA).
Each of these agencies publishes an Agenda of Regulatory and Deregulatory Actions twice a year. This document lists the new rules the agency plans to enact. Often, the rules will be withdrawn or revised after public input.
Another rule, the DOT brake regulation, preempts the enforcement of OSHA standards. Drivers must use certified electronic logging devices (ELDs) for logging their hours.
A rule recently passed by the DOT would require speed limiting devices for vehicles with a GVWR of over 26,000 pounds. Earlier this year, Canada’s provinces of Quebec and Ontario decided to limit the speed of large trucks to 65 mph.
Common causes of trucking accidents
Trucking accidents are among the most deadly types of collisions on the road. The large size and weight of commercial trucks make them especially dangerous. A truck can weigh as much as 80,000 pounds. This makes them much more dangerous than cars and other smaller vehicles.
Trucking accidents happen because of a variety of causes. Some common reasons for a wreck include a truck driver’s negligence, mechanical issues, and bad weather. Fortunately, most of these problems can be avoided.
If you are a trucker who has been injured in an accident, you may be eligible for compensation. To find out more about your legal options, consult with an experienced personal injury attorney. These lawyers have a lot of experience dealing with trucking accidents.
One of the most common causes of trucking accidents is driver fatigue. Drivers are often forced to work long hours in order to meet their company’s demands. When they’re fatigued, they can’t react properly to changing traffic conditions. That can lead to skidding, jackknifing, and other catastrophic crashes.
Among the most serious trucking accidents are those that involve box trucks. The size and weight of a box truck can cause serious damage to a smaller vehicle. In addition, box trucks can easily swerve or roll over, leading to a pileup.
Bad weather can also slow down the speed of a truck, causing it to hit another car or other objects. Luckily, a majority of the time, these accidents can be avoided with proper maintenance.
Another common cause of trucking accidents is improperly loading cargo. If the cargo is too heavy, it can fall onto the roadway and lead to a crash. It’s also important to take into account the fact that large trucks have blind spots.
Other factors that can cause a trucking accident include mechanical issues and poor maintenance. For instance, a worn brake pad can cause a multi-car pileup. Mechanical problems can also cause a truck to be overweight.
The most important thing to remember about a trucking accident is to take the time to examine your rig before each driving shift. Failure to do so can result in a personal injury lawsuit.
Comparative negligence law
Comparative negligence law has been around for a long time in the U.S. It’s a legal theory that assigns blame to different parties in a car crash. This is done by using a percentage or ratio of fault.
The comparative negligence system has been used in the state of New York since 1975. The law is outlined in Chapter 8, Section 1411 of the New York Civil Practice Law & Rules.
One of the more interesting aspects of comparative negligence is that it does not disqualify an injury victim from financial compensation. However, the system may reduce the amount of the award based on a degree of fault assigned to the injured party.
As such, comparative negligence is a useful tool when determining compensation awards in cases involving multiple defendants. In general, the more at fault a driver is, the more he or she will have to pay.
It’s a complicated matter. A court has to determine a number of factors including who was at fault, how the victim was injured, and what caused the accident.
For example, the plaintiff might be required to pay the other driver’s legal expenses. He might also have to pay for damages to his vehicle, as well as his own medical bills.
Depending on the specifics of a particular case, the jury may or may not be able to figure out who was at fault, or who was the biggest winner.
The comparative negligence system is not perfect, but it does provide a reputable middle ground. If you were involved in an accident and are not sure who was at fault, you can consult a comparative negligence attorney to help you.
Comparative negligence is a complicated topic and you should not attempt to handle it on your own. Consult an experienced personal injury attorney in your area for a free legal consultation. You might also want to check out Rosenfeld Injury Lawyers’ website for tips on how to handle your case.
Among the many laws of the trade, the comparative negligence rule is one of the most important. The law is intended to ensure that everyone is held accountable for causing an accident.