Regulations Can Help Make Or Break A Truck Accident Injury Case
When someone is injured in an accident involving a large commercial truck or big rig, there is a litany of state and federal regulations that may come into play affecting the liability of the truck driver and their employer. This is why truck accident litigation is considered to be some of the most complex in the practice of personal injury law.
Federal Regulations Concerning Commercial Trucks
The Federal Motor Carrier Safety Administration is responsible for regulating all commercial vehicles, including tractor-trailers, big rigs, semi-trucks, and so forth. The federal regulations issued by the FMCSA involve specific actions of truck operators, maintenance of commercial vehicles, and trucking companies.
For example, commercial truck drivers are required to undergo regular testing for alcohol and drugs. There are post-accident testing protocols that can be utilized to assist accident investigators in determining whether the underlying cause of a collision was intoxication.
Another set of important regulations involving truck operators are hours of service. For example, a commercial truck driver is prohibited from operating a commercial truck after eight days of work until they have taken at least 34 hours off duty. This regulation is in place to prevent commercial truck drivers from operating these massive vehicles while being fatigued and drowsy.
Respondeat Superior
Commercial truck companies do all they can to try and show their drivers were compliant with federal regulations because, if a violation is discovered, it typically means the truck company can be held liable for any injuries caused by the truck driver’s negligence. This is due to a well-established tort principle known as respondeat superior. This means that an employer can be held legally responsible for the negligent acts of an employee if those acts are committed in the course of employment.
Companies Required to Provide Routine Maintenance to Commercial Big Rigs
There are a number of regulations governing the frequency and types of maintenance that a truck company must complete to ensure their vehicles are safe to be on public roads and highways. If it is discovered that a trucking company neglected to perform routine maintenance and that resulted in a collision, the company can be held responsible for their negligence.
Obtaining Vital Evidence to Establish Your Injury Claim
If you file a personal injury claim against the truck driver and their employer, it is extremely important to take swift action in collecting evidence. For example, most commercial big rigs have a “black box” that tracks important information such as the speed of the truck before and during the time of the collision, the stops made, and so forth. The information on a black box has the power to make or break a truck accident injury case.
Contact a Miami Truck Accident Injury Lawyer Today
As you can see, when you or a family member is involving in a collision with a commercial truck, you need to take legal action sooner rather than later to ensure important evidence is preserved. You also need to have an experienced attorney by your side to take on the big trucking company. That is why you should contact the Miami truck accident injury lawyers at the office of Alan Goldfarb, P.A. to schedule a free consultation.
Resource:
fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations
