Truck crashes can have severe consequences, causing significant injuries and, in some cases, fatalities. The Federal Motor Carrier Safety Administration (FMCSA) has set up rules for the trucking industry to prevent such accidents and guarantee the safety of both truck drivers and other road users.
These regulations are vital in deciding who is at fault and determining compensation in truck accident cases. A Chicago truck accident lawyer from Lane Brown LLC can assist you with the procedure to handle legal matters in truck accident cases.
Common Federal Safety Guidelines
a. Commercial Driving Laws
The FMCSA has rules for commercial drivers, covering things like:
- getting a commercial driver’s license (CDL),
- not texting or using handheld devices while driving,
- and regulations regarding driver qualifications and training.
b. Requirement for Regular Inspection
Inspect vehicles thoroughly before hitting the road to ensure all parts are working. Regular maintenance is crucial to keeping the car running well for safety. Both of these are for safety purposes. Lights, brakes, and tires should all be checked.
c. Weight Limits
Federal regulations establish weight limits for trucks to prevent overloading, which can lead to accidents and damage to roads and bridges.
Violating weight limits can significantly increase the risk of accidents and may affect liability in a truck accident case.
d. Drunk Driving
Truck drivers cannot drive under the influence of alcohol. FMCSA has strict drunk driving laws for all vehicles, including trucks.
e. Hours of Operation
To avoid drivers getting fatigued and having a safe drive, the FMCSA regulated that drivers are given a specific number of hours to drive without a break.
Driving straight for long hours can lead to fatigue and increase the possibility of getting involved in an accident.
Seeking Compensation for Accidents Due to Violations of Federal Trucking Rules
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Common Violations
- Hours of Service Violations: Truck drivers must take breaks and limit their daily driving hours to avoid accidents caused by fatigue. Violations of these rules can lead to drowsy driving and decreased reaction times.
- Overloading or Improperly Loaded Cargo: Trucks must be loaded properly to ensure stability and prevent cargo from shifting during transit. Overloading or improperly loading cargo can cause the truck to become unbalanced, leading to accidents.
- Negligent Maintenance: Trucking companies must ensure their trucks are well-maintained and functional before hitting the road. This prevents accidents and helps them stay out of trouble. Properly check brakes, tires, and other components.
- Driver Qualification Violations: Drivers who are not qualified can be prone to accidents. That’s why, before hiring a driver, ensure they have a commercial driver’s license and have passed the examination. This factor is essential for truck companies.
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Steps in Seeking Compensation
- Seek Medical Attention: Seeking medical attention after an accident is crucial, as this can ensure your health status and be used as a record in seeking compensation.
- Document Evidence: Evidence such as photographs of the accident scene, damage to the vehicle, and sustained injuries can be used as solid proof of the damages you suffered during the truck accident. A police report and the details of witnesses will also come in handy when you file a case.
- Consult with an Attorney: Contacting an attorney right after the truck accident will be essential, as they can assist you with the procedures you need to follow to process your case and claims.
- File a Lawsuit: To initiate a claim, you must establish your evidence; to do this, you need an attorney to verify it. They can handle legal processes better as they have the skills and expertise.
- Negotiate a Settlement: Trucking companies and insurers often prefer settling out of court to avoid lengthy and expensive legal battles. Your attorney will negotiate for a fair settlement, covering medical expenses, lost wages, pain and suffering, and other damages on your behalf.
How Do Federal Regulations Affect Truck Accident Lawsuits in Chicago?
Chicago deals with many truck accidents yearly because it is a central transportation hub. If a truck accident happens in Chicago, federal regulations become crucial and significantly impact the lawsuit’s outcome.
If the truck driver or trucking company breaks federal rules, it can be proof of negligence or recklessness. This can help establish liability and increase the chances of obtaining fair compensation for the victim.
Significance of Violating an FMCSA Rule in Illinois
Violating an FMCSA rule in Illinois can carry significant weight in a truck accident lawsuit. Showing that the truck driver or trucking company broke federal rules could lead to punitive damages.
These damages aim to punish the offender and prevent similar behavior in the future. If you or a loved one had a truck accident in Chicago and thought federal trucking rules were broken, act now. Reach out to a personal injury lawyer today to safeguard your rights.