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How Trucking Regulations Impact Your Big Rig Accident Case?

  • injurybuffalo7
  • Apr 2
  • 4 min read

When a semi-truck accident occurs to you, the recovery process can be challenging and complicated. From medical expenses to court trials, the recovery process is lengthy and difficult. But knowing how trucking regulations affect your case can be the difference. Having an experienced Big Rig Accident lawyer is crucial in navigating through the intricate web of rules and regulations that govern the trucking business. These laws not only determine the safety regulations of truck drivers but also determine the destiny of your court trial.


Big Rig Truck

The Role of Trucking Regulations in Accident Cases


Truck regulations are mandated by state and federal governments to ensure safety for all citizens on the road. The Federal Motor Carrier Safety Administration (FMCSA) regulates most of the regulations that the trucking companies are required to follow, including the way truck drivers should drive their trucks, the number of hours they should sleep, and how often they should check and maintain their rigs.


Such laws become relevant if there is a huge truck accident. Most accidents take place because of a violation of such laws by truck drivers or trucking companies. For example, a fatigued truck driver who works for extended hours or does not take breaks as and when needed can be held liable for a crash. In such a situation, the laws governing trucks not only become active—rather, they turn out to be crucial in making one liable.


Major Trucking Laws That Can Affect Your Case


There are several major trucking laws used when establishing fault in a big rig accident. Some of the most significant are:


1. Hours of Service (HOS) Regulations


The HOS rules mandate the amount of driving time for a truck driver prior to the need to rest. Some break and rest provisions are to be followed by the drivers when on duty so that they will not drive tired. If the driver does not follow these regulations, it could be one of the determinants of negligence and fault in the accident.


2. Weight Limitations and Load Restraint


Another important regulation is the weight of the truck as well as the load restraint. Overloaded or improperly loaded truck cargo may cause accidents due to braking, steering, or even abrupt weight transfer. A Big Rig Accident lawyer will identify if the truck was overloaded or if the load was improperly loaded, as it can be the deciding factor of the case.


3. Truck Maintenance and Inspection


Trucking business companies are required to check and keep their trucks up in running condition at regular intervals. Failure to do so may lead to mechanical failure, i.e., burst tire or braking system failure, which are common causes of accidents. If your accident vehicle was in a dismal condition of maintenance, then it could be an important piece of evidence.


4. Drug and Alcohol Testing


Truck drivers must be drug and alcohol tested prior to and following driving, and in the event of an accident. If drunk driving at the time of an accident is discovered, this can be a very convincing item of evidence when proving their fault.


How Trucking Regulations Impact Legal Liability?


Trucking laws can make it easier to figure out who's at fault for a crash in the event of a truck accident. If any of the laws were violated by the trucker, trucking firm, or even third party, they might be held liable for the damage.


For instance, suppose the investigation proved that the driver breached the allowable driving time rule (a violation of the HOS rule). His tiredness becomes the cause of the accident. Through this fact, a Big Rig Accident attorney may use evidence to hold the trucking firm or the driver accountable for the accident. Similarly, if the vehicle was improperly maintained or was inadequately loaded, then negligence liability on the part of the company becomes their responsibility.


The Necessity of Hiring a Big Rig Accident Lawyer


With the complexity of trucking laws and the amount of evidence needed to support a case, it is advisable to consult a Big Rig Accident lawyer specializing in the cases. The attorney will not only be well conversant with trucking laws but will also possess the capacity to gather the necessary evidence to lay out your case.


Your attorney will also be able to work with experts, such as accident reconstructionists and trucking safety specialists, to demonstrate how the regulation infraction caused the accident. Your expert witness can make your case stronger and likely to receive compensation for medical expenses, lost income, and suffering.


Wrapping Up


Truck regulations are a deciding factor in the success of a case of a big rig accident. Understanding how the laws will impact the case is very important for anyone who has been involved in a big rig accident. Having a Big Rig Accident attorney who knows what they are doing can be the difference between holding the parties responsible and getting the money you are owed. If you or a loved one has been injured in a truck accident, it is crucial to consult with a professional attorney who knows the intricate nature of trucking law and can help appropriately guide the legal system.

2 Comments


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May 05

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