As is the case with every industry in the country, there are federal and state laws that apply to trucking companies and their drivers. On the federal level, the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) are the two main agencies responsible for regulating these laws. At the state level, Texas has a dedicated department responsible, Texas Department of Transportation (TXDOT) for implementing these laws in its jurisdiction.
These regulations impose standards on the proper conduct that trucking companies need to follow when operating their business. These include requirements for their trucks, drivers, and cargo. In the event of a truck-related accident, the following laws can work in your favor:
Quality Control of Trucks
Commercial vehicles are subject to regulations on their manufacturing and maintenance. They ensure that the trucks’ condition and performance are suitable for the road. When truck accidents occur, it is crucial to determine whether there were any vehicle defects. If so, it may serve as evidence in your case against the trucking company.
Limits and Guidelines on Cargo
Depending on the truck’s size, there is a legal limit to the cargo’s weight. It is typically set at 80,000 pounds, inclusive of the truck’s weight. That said, it will serve you well to include this information when resolving legal matters after a truck accident.
Apart from weight, the quality of cargo is regulated as well. In the case of hazardous materials, the Office of Hazardous Materials Safety (OHMS) provides safety guidelines when transporting such materials. Your investigation should look into possible lapses that could have caused the accident.
Requirements for Truck Drivers
State laws require a commercial driver’s license for drivers of large trucks, big rigs, 18-wheelers, and other commercial vehicles. If your accident involves a truck driver without a license, it may benefit your case against him and the trucking company.
Moreover, the trucking company must also follow limits on the allowable driving hours. If the driver exceeded his hours during the accident, this lapse could impact your case.
Proving Liability in Truck Accident Cases
When filing a case against the truck driver and trucking company, the goal is to prove their liability for your injuries. It makes them responsible for your expenses and other damages related to the accident. Gathering the following information can help support this.
Breaking Trucking Regulations
There must be evidence to show that the abovementioned laws were broken. It shows negligence, whether on the end of the truck driver or the trucking company.
Ignorance of Driving Rules
Apart from trucking regulations, drivers are also subject to basic driving rules. These include following speed limits, proper turns, and changing lanes. Moreover, they must not drink or send text messages while driving. Lapses in any of these rules can be grounds for a legal case.
Unfit to Hire
Proving negligence can also pertain to the trucking company. For example, if they hired someone unfit to drive, this information can help your lawsuit. The same goes for hiring drivers who have a pending criminal case.
Determining Compensation in Truck Accident Cases
Building your case against the trucking company includes determining the proper compensation for your damages. These typically include:
- Car damages, such as repairs or replacement
- Medical expenses, such as hospitalization fees, doctors’ fees, follow-up treatments, at-home care services, and medication
- Effects on your mental health caused by the accident, like trauma, anxiety, and stress
- Loss of wages due to your absence at work following the accident
- Loss of work and the ability to earn due to long-term injuries from the accident
- Death of a loved one due to the accident
Depending on how your case unfolds, the trucking company will provide monetary compensation to cover these damages.
Hiring a Professional to Handle Your Case
For higher chances of winning your case, it is worth seeking the services of an experienced truck accident attorney. A legal professional will assist you in investigating the incident, gathering the necessary information, and recommending the best strategy for your case. Your lawyer can also guide you with any questions about truck-related laws and regulations.