Getting into any sort of accident can be life-changing. Anyone who gets into an accident with a larger vehicle such as a truck generally does suffer more than if they were in a smaller accident. However, the good news is that they may also be entitled to receive a lot more compensation. The amount of compensation they receive depends on their ability to file an appropriate lawsuit against the right parties and under the right laws.
What laws are considered after a truck accident?
There are many laws which apply when a truck accident occurs. Some of the laws include:
- Civil liability rules
- Traffic laws
- Rules of the Federal Motor Carrier Safety Administration (FMCSA)
- Rules of the Department of Transportation (DOT)
Most federal trucking regulations are in Title 49 of the Code of Federal Regulations. One of the most important laws that truck drivers have to follow is that they need the appropriate commercial driver’s license.
If the truck driver who was involved in the accident did not have a proper license then a case can be made directly against the driver or even against the employer who hired him. It is the employer’s duty to screen all employees and make sure they have the proper certification to be driving around in such a large vehicle.
Another important law is ‘the hours of service’ rules and regulations which are put in place for all truck drivers. These rules dictate how long a truck driver is allowed to drive without taking a break in the middle. The main purpose of these laws is to ensure that drivers get enough sleep and they do not end up falling asleep while they drive.
There are also laws which control the quality of trucks when they are being manufactured. If the truck lost control because it was not manufactured or maintained properly then a person can file a lawsuit against the manufacturer or against the person who was responsible for maintaining the truck.
If a truck was transporting hazardous materials can I hold the driver liable?
Trucks which have to transport hazardous materials have to follow very specific laws and regulations as well. It is not illegal to carry the material itself, but it is illegal to not follow the appropriate safety precautions when transporting the material. If it is found that the proper precautions were not taken then anyone from the driver to the company responsible for maintaining the vehicle can be held responsible depending on the specific case.
Getting into an accident can cause a lot of loss and make a person miss out on a lot of important things in life. In many cases, truck accidents also lead to the wrongful death of a loved one. If anyone has undergone such a situation they should call a truck accident lawyer in Queens to help them figure out what the next steps should be in order for them to be compensated for their loss.