UNITES STATES TRUCK ACCIDENT LAW

TRUCK ACCIDENT LAW

The Role of State Law in a Truck Accident Case

When truck accidents are caused by the negligence of truck drivers, trucking companies, or any other party responsible for the safe operation of a commercial truck, victims are generally entitled to compensation under state law. While often very similar, the law regarding negligence can vary from state to state in ways that can have a significant impact on the outcome of your case. For example, while one state may allow people who were more than 50-percent at fault to recover compensation for an accident, another may not. Because of these differences, it is critical for victims to retain an attorney familiar with truck accident law in their jurisdiction.

Federal Regulations May Also be at Issue

The trucking industry is also subject to significant federal regulations, most of which are found in the Federal Motor Carrier Safety Regulations (FMCSR). These rules are intended to provide a uniform standard for the safe operation of trucks and regulate nearly every aspect of the industry that you could think of. For example, the FMCSR sets out health standards for individuals who driver commercial trucks, mandates a pre-trip inspection each time a commercial vehicle goes out on the road, and regulates the placement of reflective material or illumination on truck trailers in order to ensure that they are visible at night.

In some jurisdictions, noncompliance with these federal regulations may be enough to establish liability on the part of the truck driver or trucking company. For this reason, it is important for victims to retain a truck accident lawyer familiar with litigation in this area, as an attorney without experience with representing truck accident victims may fail to notice the existence of a violation.

Truck Accident Cases are Different from Ordinary Car Accident Cases

It is critical to understand that truck accident cases differ in many important ways from accidents that only involve non-commercial vehicles. Some of these include the following:

More Parties are Involved – Truck accident cases often involve a truck driver, his or her employer, a trucking insurance company, the company that owns the cargo, and other parties who would not be involved in a non-commercial accident

Federal Regulations – The trucking industry is subject to strict federal regulations, and violations may be sufficient to establish liability on the part of a truck driver (or trucking company). It is important for victims to retain an attorney who is familiar with these regulations so that he or she can spot and use them to the benefit of your case.

Larger Settlements – As discussed above, trucks are capable of causing extremely serious injuries. For this reason, truckers and trucking companies are required to carry insurance policies with much higher limits, often resulting in larger settlements or awards.

Call a Truck Accident Attorney Today to Discuss Your Case

If you or a loved one has been hurt in an accident involving a commercial truck, you should speak to an attorney as soon as possible. When you meet with one of our lawyers, we will review you case for free and advise you as to whether you have a claim. If you choose to retain us to represent you, we will not collect any legal fees unless we successfully recover on your behalf. To schedule a consultation with one of our lawyers, call us today at 313-438-4357 or contact us online.