Truck Accident Law
Commercial trucks are also known as 18-wheelers or big rig, so when an accident occurs with such a big vehicle the injuries and damages can be catastrophic. Truck accident liability is premised on the doctrine of negligence. Multiple sources of law are applied such as traffic laws, civil liability rules, regulations of department of transportation (DOT), and the Federal Motor Carrier Safety Administration (FMCSA).
It is the chief responsibility of the truck drivers and manufacturers to stick to the high standards of driving and traffic laws. So if they are at fault then the truck drivers company will reimburse the injured person for all his or her damage.
Most truck accidents occur when driver fails to stop at appropriate interval. He may be under the influence of drugs. The other common causes which result as an accident are aggressive driving, carrying unsafe material or overloading. Sometimes it is not the driver who is at fault and someone else is responsible for the negligence. For example the workers from the drivers company did not inspect, load or repair the truck properly. The accident can also be caused by faulty equipment from the manufacturer. Only a skilled personal injury negligence lawyer will be able to properly assess who is responsible and what kind of case is at hand.
State and Federal Laws for Truck Drivers:
State and federal personal injury & accident laws establish certain standards for the trucking industry. The set rules must be followed by the Truck Company and driver. With the help of these laws it can be determined who is responsible for commercial truck accident. Each state has its own transport department to establish and implement state commercial trucking rules. Some common laws must followed by the trucking industry are mentioned here;
The drivers of large trucks and other commercial vehicles must have their license with them.
Another main law is hours of service. A limited time is allowed to drive without taking rest and break.
How much weight a truck can carry is determined by the size of the truck. Single axle trucks can carry up to 20,000 pounds weight while two axle trucks can carry up to 34,000 pound weight.
Product liability or quality control is also very essential. If a driver is driving a truck with any fault in the machinery due to which an accident has occurred then both the driver and company will be held liable.
For transporting hazardous material the Office of Hazardous Materials Safety (OHMS) set some standards for safety regulations.
Proving Liability and Damages:In order to win personal injury law cases and prove liability the plaintiff must show that the driver or other responsible person such as his company or employer broke the traffic law. For example, the driver is driving while drinking or while texting on phone. This will show their negligence. Another way to prove liability is that the company hired a driver without doing a background check, for example they hired a driver who already had sentences for drunk driving. The plaintiff must show the extent of his or her damages. It is better to consult with a truck accident attorney and get all the proper legal information and details about your case.
Cohen & Cohen Law Group, P.C. 104-70 Queens Blvd #312, Forest Hills, NY 11375 718-275-7779
Ribowsky Law- Queens Personal Injury & Accident Lawyer 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333
Shulman & Hill Personal Injury Law Brooklyn 26 Court Street 21st Floor Brooklyn, NY 11242 718-852-4701The three aforementioned firms took our their time to thoroughly explain the different legal aspects that were required to write this publication.