An accident involving a commercial truck can be devastating, leading to serious injuries and complex legal challenges. Unlike a typical car accident, these cases involve a distinct set of rules and regulations established by the Federal Motor Carrier Safety Administration (FMCSA).
A skilled Decatur personal injury lawyer knows that understanding how these federal trucking regulations impact accident claims is often the key to proving negligence and securing fair compensation. If you've been injured in a truck accident in Decatur, GA, you'll need a Decatur personal injury lawyer who can navigate these intricate federal rules to build a strong case.
The FMCSA governs virtually every aspect of the trucking industry, from the truck drivers themselves to their vehicles and the companies that employ them. When a trucking company or a truck driver violates these federal law requirements and an accident occurs, it can provide powerful evidence of fault.
If you or a loved one has been injured in a truck accident in Decatur, GA, contact a personal injury attorney for a free consultation to discuss your legal options today.
How Federal Regulations Prove Negligence
The legal principle of negligence per se is a powerful tool in truck accident cases. This doctrine states that if a person or company violates a safety statute or regulation, and that violation directly causes an accident, they are automatically considered negligent. This removes the need to prove that their conduct fell below a reasonable standard of care, making it easier for a personal injury attorney to establish liability.
For example, if a truck driver causes an accident because they were driving more hours than allowed by federal hours of service rules, their violation of that regulation can be used to prove they were negligent. This is where an experienced personal injury lawyer can make a significant difference, as they know how to investigate and uncover these violations through various sources, such as electronic logging device (ELD) data, driver logs, and inspection and maintenance logs.
Key Federal Trucking Regulations That Impact Accident Claims
The Federal Motor Carrier Safety Administration (FMCSA) has a comprehensive set of regulations designed to ensure safety in the trucking industry. Violations of these rules often contribute to accidents and can be crucial evidence in a personal injury claim.
Contact: Schedule your FREE consultation today with Marks Law Group
Hours of Service (HOS) Rules and Driver Fatigue
One of the most critical regulations is the Hours of Service (HOS) rule, which limits the amount of time a truck driver can be on duty and behind the wheel. The goal is to prevent driver fatigue, a major cause of commercial truck accidents. An electronic logging device (ELD) is now required in most commercial trucks to automatically track a driver's hours, which has largely replaced the old system of paper logs.
A truck accident attorney will meticulously examine the ELD data and driver logs to see if the driver was operating the commercial vehicle beyond the legal limit. If a driver was overworked and fell asleep at the wheel, or was simply too tired to react safely, this violation can establish a strong case of negligence against both the driver and the trucking company that may have pressured them to drive longer.
Driver Qualifications and Training
Trucking companies are required to ensure their truck drivers are properly qualified. This includes conducting thorough background checks, ensuring the driver has a valid Commercial Driver's License (CDL) with the correct endorsements, and performing mandatory drug testing and drug screenings.
If an accident is caused by a driver who was not properly licensed, or if the trucking company failed to perform the necessary background checks or drug tests, the company can be held liable for negligent hiring or training. This is a form of vicarious liability where the company is responsible for the actions of its employee.
Vehicle Maintenance and Inspections
Federal regulations require trucking companies to perform regular vehicle inspections and maintenance. Drivers are also required to conduct pre-trip and post-trip inspections. Mechanical failures, such as brake malfunctions, tire blowouts, or defective braking systems, can often be traced back to a company’s failure to maintain its fleet.
A personal injury lawyer will subpoena the inspection and maintenance logs to determine if the company neglected repairs or inspections. Evidence of a history of neglected maintenance can be a powerful piece of evidence in a lawsuit.
Did you know? Learn more about the basics of a truck accident.
Cargo Securement and Weight Limits
The FMCSA sets strict rules for how cargo must be loaded and secured to a commercial vehicle. An improperly secured load can shift during transit, causing the truck to become unstable and potentially leading to a rollover or jackknife accident. Additionally, a truck's weight, including its cargo, cannot exceed the maximum weight of 80,000 pounds on most highways.
If an accident is caused by improper loading, the liability can extend beyond the driver and trucking company to include the cargo-loading company or even the cargo loaders themselves. An experienced attorney will investigate who was responsible for the cargo loading procedures and load securing standards.
The Legal Process and Your Accident Claim
After a truck accident, the legal process can be daunting. The trucking companies and their insurance companies have teams of lawyers and insurance adjusters working to minimize their liability. They may even try to alter or destroy evidence, such as driver logs or black box data, if you don't act quickly.
That's why it is critical to hire a personal injury attorney who is experienced in personal injury law immediately. Your lawyer will start an investigation, using accident reconstruction specialists to determine exactly what happened. They will gather crucial evidence, including dashcam footage, ELD data, and maintenance records, and use this information to hold all responsible parties accountable.
Don't wait! Call Marks Law Group today at (678) 251-9309
An attorney can also help you with settlement negotiations and, if necessary, a wrongful death lawsuit. The statute of limitations for filing a claim is critical, so a quick response is necessary to ensure you don't lose your right to pursue compensation. An experienced Decatur personal injury attorney will have a deep understanding of these federal trucking regulations and how to use them to get you the compensation you deserve for your injuries and losses.
Don't let a trucking company or their insurance companies intimidate you. If you were injured in a truck accident in the Decatur, GA area, you have legal options. Contact a Decatur personal injury lawyer today at (678) 251-9309 for a free consultation to learn how to fight for your rights.