Commercial trucks are vastly different from normal personal vehicles like cars. They are large, and hence the damages caused by them in road accidents are more catastrophic. In many cases, this results in fatalities for the drivers and passengers of the smaller or medium-sized vehicles involved in the accident. Besides, there are differences in the law regarding these accidents. If you are involved in an accident with a truck, then you must contact a truck accident attorney, and the purpose of this article is to help you with this.
Federal And State Laws For Truck Driver Conduct
The US trucking industry is regulated by federal and state laws that have established many standards, and they must be strictly followed by drivers and trucking companies. Among them, one of the important categories is about accidents involving trucks, and they help to determine who is at fault in the event of an accident. Besides, intra-state commercial trucking is regulated by the state department of transportation. Shared below are some of the important laws that truck drives and trucking companies must follow.
Commercial Driver Licenses
Drivers of commercial trucks like 18 wheelers must strictly follow state-level statutes and laws regarding driver licensing. If you are involved in an accident with a truck and its driver does not have a proper license, it affects your lawsuit against the driver and the trucking company.
Rest For The Driver
Commercial truck drivers are required to drive without a break and take rest for fixed hours, and this is regulated by the law. Their hours of driving are called “hours of service”, and in the event of an accident, this is factored in.
Truck Accident Cases Liability
If you are involved in an accident with a commercial truck, to win the truck accident case you must prove that the driver and his employer are liable for your injuries and damages. The liability of the trucking company for your damages is through the legal theory of “vicarious liability”, i.e. employers are responsible for the accidents caused by their employees. This can be proved by showing negligence on the part of the truck driver or the company that operates the trucking service. The process of proving is complex, and it requires the expertise of a truck accident lawyer.
The expenses that must be compensated by your lawsuit are shared below.
- Medical expenses
- Lost wages
- Pain and suffering
- Lost ability to earning
- Companionship loss
- Special damages
If you are involved in a motor accident with a commercial truck, you must file the lawsuit for damages as soon as possible.