If you have been injured in a collision with a large commercial truck, you may need all the help you can get to recover compensation for your extensive medical expenses and other damages related to your injuries. In these cases, it is important to look into the actions of not only the truck driver, but also the company that employs them. An experienced truck accident attorney who is well-versed in trucking industry regulations can help you hold all of the negligent parties accountable. Here are some of the most common Federal Motor Carrier Safety Administration (FMCSA) regulations that can affect the outcome of a personal injury claim.
Hours of service regulations limit a truck driver’s hours on duty and on the road, on both a per-shift and weekly basis. They also require drivers to keep detailed logs of their hours. If there is evidence that a driver or their employer violated these regulations, it may be possible to demonstrate that fatigue and impaired driving abilities contributed to an accident and the resulting injuries.
Trucking companies are required to test their drivers for controlled substances during the hiring process, after certain accidents, and randomly throughout the year. If there is evidence of a truck driver’s intoxication leading to an accident, their employer may also be liable if company records indicate a failure to follow drug testing regulations.
Truck drivers are prohibited from using a handheld cell phone while operating their vehicles, including texting, making calls, or using the phone for other purposes. Trucking companies are also prohibited from requiring or allowing this behavior. If evidence indicates that distracted driving was a factor in an accident, both the driver and their employer could be held accountable.
Before a truck driver can begin a shipment, the cargo must be properly loaded, distributed, and secured to withstand the forces of driving. Improperly secured cargo can shift in transit, causing a truck driver to lose control and the vehicle to overturn. Injured bystanders may have a claim for compensation from the driver, the trucking company, and negligent loading crew members.
Commercial motor vehicles must be regularly maintained to ensure they are safe for the road, and drivers must complete a thorough inspection of the vehicle before each trip to identify any hazards. When the failure of a vehicle part is a contributing factor in an accident, maintenance and inspection records may reveal lapses that can serve as important evidence in a personal injury claim.
After a truck accident, it is important to get in touch with an attorney as soon as possible. At [[title]], we can promptly investigate the circumstances of the crash to identify important evidence and ensure that it is preserved. We can also represent you in settlement negotiations or litigation with a large trucking company to ensure they are held responsible for violating regulations and putting you in harm’s way. Contact us today at [[phone]] for a free initial consultation with a DuPage County personal injury lawyer.
Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah & Giglio Law Offices can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.
Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah & Giglio Law Offices to find the attorney they need.
Our practice is focused on meeting your needs with flexible hours and locations to serve you: