A commercial truck is much larger than most passenger vehicles, and injuries can be catastrophic when an accident occurs. If a person is in an accident involving a commercial truck, there are many things to know about the law.
State and Federal Law Sets the Standard for Driver Behavior
Federal and state laws regulate the trucking industry, and therein are standards by which all drivers and companies must abide. Such laws determine responsibility for trucking accidents. The federal agencies regulating this area of law are the DOT (the U.S. Department of Transportation) and the FMCSA (Federal Motor Carrier Safety Administration). If an accident arises due to a driver’s failure to follow regulations, the driver or company is liable for a victim’s injuries.
CDL (Commercial Driver Licenses)
Drivers of 18-wheelers and other trucks must follow laws related to commercial licensing. If a driver in an accident does not have the proper licensing, it can affect the claim against both driver and company. CDL requirements set forth limitations on the number of hours a driver can operate a vehicle without rest. Known as hours of service regulations, these rules keep everyone safe.
Liability in Trucking Accident Cases
To win a trucking accident case, one must prove the driver and employer are liable for the injuries. A trucking company is considered liable via the vicarious liability theory. Simply put, an employer is responsible for accidents caused by employees during the course of work. A way to prove liability is to demonstrate the company or driver violated the law. Victims can prove liability by showing the company was negligent in hiring a poor driver. A Truck Accident Lawyer in College Park can determine which legal doctrines may apply to a particular case.
Seeking Legal Help
Commercial trucking accident law is complex, and cases involve the theories of product liability, negligence, and personal injury. Because of these facts, it is in a victim’s best interests to hire a Truck Accident Lawyer in College Park if a trucking accident causes injury. Due to the statute of limitations, it is best to visit Jaklitschlawgroup.com to consult a lawyer as soon as possible after the event.
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