Truck accidents––accidents between passenger vehicles and commercial or semi-trucks––can result in some of the worst auto accidents on the road. The risk of severe, life-threatening injuries is high. Injured parties must file strong, smart personal injury or wrongful death claims to receive fair and just compensation.
FMCSA regulations touch on nearly every aspect of the trucking business, all with the ultimate goal of keeping the roads safe. Some of these regulations are focused on truck drivers, including special licenses that truck drivers need to acquire and limits on the amount of hours that they can spend on the road. Other regulations are focused on the trucks themselves, such as requirements that trucks undergo regular inspection and maintenance.
Keep in mind that the FMCSA sets minimum standards, but each state can impose regulations that establish higher standards.
A violation of an FMCSA rule can indicate liability, and that is important to win a personal injury or wrongful death claim in Colorado. FMCSA regulations introduce a whole new level of complication to truck accidents. A truck accident attorney can more clearly identify what those might be in your specific case, but some ways they could impact a potential case are discussed below.
Because FMCSA regulations introduce a whole new set of rules into the equation, identifying potential violations requires another level of expertise. It can also be more complicated to accurately model and represent a truck accident than a typical car accident. Because of this, FMCSA cases can often necessitate partnering with specialized experts.
Most car accident cases involve proving that the other driver was driving negligently at the time of the accident. Traditionally, this requires proving the legal elements of duty, breach, causation, and damages, which an attorney can explain in more detail. However, there is another legal concept known as negligence per se.
Negligence per se can almost be thought of as a shortcut to negligence. It can be invoked if the truck driver was violating a statute or regulation while they were driving. FMCSA regulations introduce a new potential source of liability to establish a negligence per se case.
Truck accidents are also distinct from most car accidents in that truck drivers are usually employees of trucking companies. These companies have a responsibility to make sure that their drivers are trained and adhere to FMCSA regulations. This means that trucking companies are potential sources of compensation after an accident. Accordingly, trucking companies can be held liable for negligent hiring or retention of a driver.
To comply with these regulations, employers:
Failure to perform any of these duties may result in a claim against the trucking company.
Simply put, hiring an experienced truck accident lawyer after your accident gives you the best possible chance of ending up with a good outcome in a very bad situation. Numerous parties may be liable for your injuries, and an experienced attorney from Hagen Nares PLLC will be able to identify those parties and determine how best to pursue compensation. The introduction of these other parties, as well as the complicated web of statutes and regulations, means that pursuing a claim requires a special level of expertise.
