Impact of Federal Laws on Truck Accident Claims in Tallahassee | Searcy Denney Scarola Barnhart & Shipley

Federal government agencies such as Federal Motor Carrier Safety Administration work vigilantly to investigate the causes of truck accidents and ways to improve the safety of truck drivers and other drivers on the road. While safety requirements have undoubtedly saved many lives and prevented or reduced the severity of accidents, the increased traffic on the roads today and the size and weight of modern trucks mean that federal regulations have not been able to eliminate injuries caused by truck accidents in Tallahassee.

However, the laws can actually make it easier or harder for truck accident victims to get compensation. To understand why, it’s important to understand the laws, the basics of truck accident claims, and how successful lawyers work to obtain compensation for people who have suffered serious injuries.

Types of Federal Trucking Regulations

Some trucking laws are safety-oriented, while others are designed to regulate interstate commerce. For the purposes of this discussion, we will look at just a few of the major safety laws. In many cases, these laws apply not only semi-trailer tractors on interstate highways, but also for trucks such as:

Although most trucks on Tallahassee roads are commercial vehicles, trucking regulations often apply to private vehicles as well.

Drivers’ working hours restrictions

Because driving while tired can be just as dangerous as driving under the influence of drugs or alcohol, federal regulations have been put in place limitations about how many hours a professional driver can work without a long break outside of working hours. Drivers carrying freight (unlike bus drivers carrying passengers) are required to take a 30-minute break after eight hours of driving. They can also drive for no more than 11 hours before they have to take a break of at least 10 hours, and they cannot drive for more than 14 hourst hour after a ten-hour break from work. So even if a driver takes breaks, they still must have a long rest period before driving again. The law also sets limits on the number of days a driver can drive before they must take at least 34 hours off work.

Training requirements and operational standards

Federal regulations also require drivers to complete additional training and certification to obtain a commercial driver’s license that allows them to operate certain types of vehicles or drive in certain situations.

In addition, the law sets higher standards for those driving commercial vehicles. For example, while private vehicle drivers are generally allowed to drive after drinking alcohol as long as their blood alcohol level is below 0.08%, the level is lower for drivers with a commercial license.

Driving log requirements

Commercial truck drivers are required to log their activities while on the job, including breaks and inspection results. Many commercial vehicles are now set up to automatically log information to meet the requirements.

Inspection Requirements

One of the most important federal requirements is vehicle inspections. The regulations require drivers or other trucking company employees to ensure that equipment is working properly at specified intervals. This includes:

• Blinds
• Brakes
• Windshield wipers
• Mirrors
• Engine components

If any part of the vehicle isn’t working properly, operators are required to file a report and take corrective action. However, drivers under pressure to meet a schedule may be inclined to skip checks or ignore problems.

Size limitations

Federal regulations set limits on the length and weight of vehicles, and these can set restrictions on when and how a truck can operate. For example, if a truck has more than three axles, it generally must operate only in the right-hand lane at no more than 55 miles per hour. Additionally, if a tractor-trailer exceeds 65 feet in length or weighs more than 80,000 pounds, it may not be permitted to operate or may be required to operate with special assistance, such as protective signage, lights, and spotters.

If a truck exceeds legal limits or is driven without the required safeguards, it can expose occupants of other vehicles to serious risk of injury.

How the law affects truck accident claims

To succeed in a lawsuit or obtain fair compensation for injuries sustained in a truck accident, attorneys representing the victim typically must show that someone was negligent or reckless. Proving negligence requires proving that:

• The person who was allegedly negligent had a duty of care towards the victim.
• The person who is alleged to have been negligent has failed to fulfil this duty and has not acted with due diligence.
• Failure to exercise due diligence caused truck accident
• The victim was injured in a truck accident

Typically, the most difficult aspect of pursuing an injury claim is proving that the person responsible did not act properly and that if they had acted appropriately, the accident and injuries would not have occurred.

When a lawyer can show that a truck driver or trucking company did not follow safety procedures required by federal regulations, it can be a simple case of lack of due diligence. It makes it one step easier in the process. So federal regulations can make it easier to prove liability and seek compensation in a truck accident claim.

However, federal laws can sometimes make it difficult to prove negligence. If the driver or trucking company complied with safety requirements related to the cause of the accident, your lawyer may need to present expert testimony or other evidence to show why the company or driver should have done more to keep others on the road safe.

Find out if federal laws can help you pursue compensation after a truck accident

If you have been injured in a truck accident, you may be entitled to compensation not only for your economic losses, such as medical bills, lost wages, and future needs, but you may also be entitled to compensation for pain, suffering, and other effects on your life. These intangible effects are often compensated more than your economic losses.

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