Trucking safety laws about vehicle maintenance and drivers’ conduct can help you get compensated for damages as long as you prove a violation. However, since different states have a unique set of rules, it is advisable to understand those applying to Texas before filing a claim. This measure will help you determine liability for damages and prove causation.
Which Safety Regulations Should Trucking Companies Follow?
The Federal Motor Carrier Safety Administration (FMCSA) has various rules that trucking companies and their drivers must follow. These govern all commercial vehicles that ferry goods in Texas and other states. They also apply to all trucks weighing at least 10,000 pounds and those carrying more than eight people or dangerous materials.
One safety law governing trucks at the federal level is the hours-of-service rule. This one states that drivers cannot work for more than 11 hours without taking a break. Besides that, they must have electronic logbooks to record driving hours.
Another safety rule trucking companies must observe is ensuring proper vehicle maintenance. FMCSA requires them to confirm that each part is working correctly. Companies must also keep appropriate records of all maintenance practices and significant repairs.
Additional Safety Laws
Other safety laws for trucking companies are:
- Ensuring drivers do not work under the influence of drugs
- Conducting regular drug tests and keeping proper records
- Ensuring drivers do not work when ill
Truck drivers require proper training since they work for extended periods. They also handle bulky goods which need proper securing. FMCSA requires trucking companies to ensure that their drivers have the required training. They must also do a background check to confirm all documents before hiring.
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How Do Trucking Safety Regulations Affect My Case?
Trucking safety rules can affect filing a compensation claim in different ways. When you suffer damages in a truck accident, you may use the laws to identify negligence. For example, if you suspect the driver was drunk, you may prove fault using drug test results. It is also possible to file for compensation from the company if they did not perform drug tests as needed.
While trucking laws improve road safety, they may make it tough to determine liability. Since multiple parties are responsible for ensuring these vehicles are in proper condition, the investigation may be complex. Luckily, relying on various forms of evidence can simplify the process and allow you to close the case in a shorter time.
Some of the proof you can use to investigate your trucking accident are:
- Truck inspection records
- Weight tickets
- Dispatch instructions
- Truck maintenance records
- Documents showing hours of service
When investigating a truck accident case, you may find that multiple parties are liable. For example, the repair company may have used a poor-quality part during maintenance. Also, the fleet owner might have failed to inspect the vehicle after servicing. If several parties violated trucking safety laws, leading to an accident, you could claim damages from each party. Still, you must assess their percentage of fault and prove their liability led to specific injuries.
Which Damages Can I Claim if I Was in a Truck Accident?
Filing a claim against a party that did not observe trucking safety rules can help you recover a wide range of damages. In most cases, the settlement amount you seek will depend on the costs incurred. It will also vary based on how the incident affected your life
One damage you may seek after a truck accident is pain and suffering. This one includes various distress and emotional injuries caused by the crash. Examples of these are:
- Disturbing flashbacks
- Loss of life enjoyment
- Mental health conditions like depression
When claiming pain and suffering after a truck accident, you need to assign it an economic value. Working with your doctor can help you assess these damages in different ways. For example, the physician may estimate the cost of treating mental health injuries. They can also observe your progress over a specific period to determine how long you need treatment.
Additional Damages You Can Claim
Other damages you can claim after a truck accident are:
- Lost income
- Loss of career opportunities
- Expenses for repairing a damaged car
If violating trucking safety rules caused a crash that led to damages, it is possible to claim reimbursement for various costs. These include buying medical devices like crutches or a wheelchair and remodeling your property.
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Call Loncar Lyon Jenkins for Help With Your Truck Accident Case
Due to the unique nature of truck accidents, filing a claim may be complex. At Loncar Lyon Jenkins, we can help you investigate such an incident.
Our lawyers will also determine liability and evaluate the damages to claim from each party. If you are looking for a Texas truck accident lawyer, contact Loncar Lyon Jenkins for a free case assessment.