After you have been involved in a commercial truck accident, one of the factors that can affect your compensation is the federal trucking regulations that govern the trucking industry. Regulations ensure the safety of truck drivers and motorists. Still, they are often violated by trucking companies and drivers quite regularly.
Federal Trucking Regulations
Federal trucking regulations are rules issued by the FMCSA, a U.S. Department of Transportation division. The FMCSA regulates the trucking industry by setting standards for driver qualifications, vehicle maintenance, cargo loading, hours of service, drug and alcohol testing, and other aspects of commercial truck operations.
Some of the most critical federal trucking regulations that affect your compensation after a truck accident are:
- Hours of service rules
- Drug and alcohol testing
- Vehicle maintenance
- Cargo loading
The FMCSA limits the weight, size, and distribution of cargo that can be loaded on a CMV. The FMCSA also requires all cargo to be secured appropriately and balanced to prevent shifting or falling off during transit. These rules prevent cargo-related accidents like rollovers, jackknifes, or hazardous material spills.
The Impact That Regulations Have on your Case
You may receive compensation after you have proven negligence. However, proving negligence in a truck accident case can be challenging, especially if the truck driver or the trucking company tries to deny or hide their violation of federal regulations. Fortunately, an attorney can assist you in a truck accident case.
Why You Need an Attorney
A truck accident attorney specializes in representing victims of truck accidents and helping them recover fair compensation for their damages. A truck accident attorney helps you by investigating your accident and gathering evidence of the violation of the federal trucking regulations.
A truck accident attorney can access the truck driver's logbook, the truck's electronic data recorder (EDR), the truck's maintenance records, the drug and alcohol test results, the cargo loading documents, and other sources of evidence that can prove the violation of the federal trucking regulations.
A truck accident attorney hires experts, such as accident reconstructionists, to analyze the evidence and testify on your behalf.
Settlement Negotiations
They also deal with the insurance adjusters and lawyers representing the truck driver or the trucking company. A truck accident attorney can use the evidence of the violation of the federal trucking regulations to strengthen your claim and negotiate a fair settlement covering all your damages.
When Your Case Goes to Trial
If the claims adjuster refuses to offer you a fair settlement, a truck accident attorney might recommend civil litigation. In court, a truck accident attorney can use their skills and experience to persuade the judge or jury that the truck driver was negligent and liable for your damages.
If you have been injured in a truck accident caused by violating federal trucking regulations, contact a company like The Brogdon Firm. They will help you pursue the maximum compensation you deserve.
