Trucking Accident: who is at fault?

Trucking accidents are very complex and serious as well as they can be life-changing for accident victims. These accidents can result in permanent disabilities for the accident victims and...
Trucking Accident

Trucking accidents are very complex and serious as well as they can be life-changing for accident victims. These accidents can result in permanent disabilities for the accident victims and also experience a long road to recover from the injuries. Well, the truck accident is not in your hand, but the compensation law is on your side. Here, you can be liable to multiple parties who are responsible for the negligence. The manufacturers, trucking companies and truckers can be liable for the damages and injuries that they have caused. However, determining the liability might look simple, but it’s not that straightforward in a truck accident. This type of accident is not common as any vehicle or traffic accident. It usually involves many players such as truck owners, truck drivers, the entity that leased the truck and others. If you speak to a trucking accident attorney, then you can get to know all the details about the trucking accident claims.

Trucking accidents are often fatal nowadays because of the sheer weight and size discrepancy between passenger vehicles and commercial trucks. The deadly combination of a 3,000-pound passenger vehicle and an 80,000-pound commercial big rig is resulting in a bigger accident. Here, you need to choose a compassionate and experienced trucking accident attorney at the very beginning of your accident case so that you and your family can get a fair settlement. It does not matter how serious the injuries and damage may be; the right accident lawyer makes sure to protect your rights and make you win during the whole legal process.

Who is at fault in a truck accident?

fault in a truck accident

Truck driving is a risky and complicated occupation, especially when a driver is driving with a fully loaded big rig. This profession needs great driving skills and precision. In order to drive such a bigger commercial truck safely, a driver must have received proper training and license to perform the work. If the driver fails to perform the driving task, then it results in a deadly truck accident that is affecting many people’s life. Even many statistical reports indicate that many trucking accidents are occurring on the road just because of the negligence of truck drivers. However, there are many multiple parties who are responsible for the truck crash, which includes:

  • The trucking company
  • The truck driver
  • The truck manufacturer
  • The truck maintenance company
  • The passenger vehicle driver
  • The loading or shopping company

Truck accidents are usually regulated by federal and state laws. These trucking laws and regulations are enforced and determined by the Department of Transportation Federal Motor Carrier Safety Administration and the state’s department of transportation. While determining the liability, these federal and state regulations play an important role. According to the regulations, all the companies who have trucking permits or displayed their names on the vehicle are responsible for all kinds of truck accidents. Usually, it has been found that the trucking companies always try to avoid the liabilities by blaming it on other parties or drivers. Thus, when you are hiring a trucking accident attorney, make sure the lawyer has the knowledge of all the laws at the federal and state level so that they can help you to get fair compensation from the trucking companies.

In addition, the states and federal laws have mandated certain regulations for the trucking companies, which includes maximum weight permissions, safely transporting hazardous waste, proper rest for the driver, and quality control of trucks. If the trucking companies are breaking these laws, then the truck accident is proven to be the result of their negligence and leads to determining the liability.

What are the states and federal law rules and regulations related to truck accidents?

The specific rules and regulations at the state and federal levels need to be followed by the truck drivers. If any of the rules and regulations are broken by them, then they will be liable for the truck crash. Here are the rules and regulations under the state and federal laws, but not limited to these.

  • Following up on all the sleep requirements
  • no alcohol consumption or no driving under alcohol influence
  • Maintaining accurate and detailed logbooks
  • Obeying all the posted rules and signs of the road
  • No driving under the drug influence or OTC meds or prescription
  • Having a valid license for commercial driver
  • Following all the important rest-break requirements
  • No use of handheld devices or distraction while driving
  • Not driving over the permitted time of driving

Conclusion

Thus, it is important for a trucking accident attorney to have an idea about the state and federal law rules and regulations related to truck accidents. This helps to determine the fault in the truck accidents. If you have faced a severe truck accident, then your life may not be the same as your previous life, but by taking all the claims, you can restart your new life independently.

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Trucks
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