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The Impact of Trucking Regulations on Accident Claims

The Impact of Trucking Regulations on Accident Claims

Trucks are referred to as the kings of the road for a reason. Even the smallest commercial big rig weighs approximately 10 times as much as most passenger vehicles, while the largest trucks can potentially weigh more than 50 times as much as most passenger vehicles. These weights are particularly meaningful when a truck and a car collide. In most situations, the larger vehicle will deal considerably more damage to the smaller vehicle. This is the reason that the Federal Motor Carrier Safety Administration (FMCSA) enforces such strong regulations on commercial trucks. If you are involved in a truck accident in California, understanding key trucking regulations and their impact on claims can help you get fair compensation for your injuries.

Key Trucking Regulations and Their Impact on Claims

The FMCSA’s regulations aim to prevent accidents and limit the resulting damage when accidents occur. Additionally, your California truck accident lawyer knows that these trucking regulations can affect the outcome of your claim. The following are some of the more important trucking regulations that can affect truck accident claims in the state.

Hours of Service Regulations

Driving while fatigued is a common cause of all types of truck and car accidents. When you are fatigued, your awareness of the road and your reflexes are significantly reduced. In fact, if you are tired enough, the effects of fatigue are comparable to being drunk.

Because of this, the FMCSA enforces strict hours of service regulations. According to these regulations, truck drivers may only drive 11 hours per day, and all driving time must be within a 14-hour duration. Furthermore, they must take at least one 30-minute break after driving for eight hours. Finally, the FMCSA also places limits on weekly driving. A driver can drive no more than 60 hours per seven days and no more than 70 hours per eight days.

An extremely fatigued driver can be as impaired as a drunk driver.

Inspection, Repair, and Maintenance Regulations

Commercial vehicles are also subject to strict inspection, repair, and maintenance regulations. This is because these vehicles often drive as far in a month as the average motorist drives in a year. Trucks are driven such distances that they may require weekly oil changes and several tire replacements per year. Consequently, truck drivers are required to maintain a complete log of all maintenance to prove that their vehicle is being held to these high standards.

Were you or a loved one injured in a truck accident in California? Violations of trucking regulations could have led to that injury, and you may be eligible to get compensation for the harm you suffered. Contact Neale & Fhima APC at 888-407-2955 today to discuss your case with an experienced truck accident lawyer.

How Violations of Trucking Regulations Can Strengthen Your Claim

When a truck driver or trucking company violates trucking regulations, those actions can potentially strengthen your claim. Typically, violations of these regulations are considered acts of negligence.

Under California law, when another party is proven negligent, they are liable for paying compensation for any losses or expenses that you incur because of that negligence. The reason violating these regulations is considered negligent is because those rules serve primarily to protect the safety of other drivers on the road. Ignoring safety violations increases the likelihood of accidents that cause serious injuries or death.

Challenges in Proving Regulatory Violations

However, just because a truck driver or a trucking company violated a regulation doesn’t mean you can necessarily prove that fact in court. Truck companies know that violations of these regulations can make them liable and may fight to avoid taking the blame for those violations. These companies often have extensive legal teams at their disposal to defend them against any allegations of violations.

As a result, a thorough investigation is generally required to prove a regulatory violation. You may need eyewitnesses who can prove maintenance didn’t occur or video evidence. Fortunately, a truck accident lawyer is equipped to handle these challenges.

Should You Hire a Truck Accident Attorney?

Hiring a California truck accident lawyer is vital after a truck accident. Truck accident attorneys are familiar with all trucking regulations and know how to identify when those rules have been violated.

If you suspect the other driver violated a regulation, you should tell your lawyer immediately. They can investigate the accident to determine whether a violation occurred and whether that violation caused the accident.

It’s important to note that a truck driver violating a federal trucking regulation doesn’t necessarily mean that the violation directly caused the accident. If you rear-ended the truck, for example, it may not matter that the truck driver drove too many hours day. In this situation, you would still likely be at fault for the accident. However, when the facts are on your side, an experienced truck accident lawyer can uncover that evidence quickly and effectively.

Your truck accident lawyer also brings injury expertise to the table. Since they’ve typically handled similar cases prior to yours, a lawyer can accurately determine the potential value of your claim. This is important during settlement negotiations with the insurance company, as insurance companies may make lowball offers to victims of serious accidents. Your lawyer can prevent you from accepting an offer that won’t cover your needs.

Contact a California Truck Accident Lawyer Today

Truck accidents can cause catastrophic injuries that leave you with high medical costs and life-altering complications. In many cases, the violation of a federal trucking regulation is to blame for a truck crash, which can fall under negligence. This can greatly impact your accident claim, and an experienced truck accident lawyer can guide you in exploring that potential impact.

At Neale & Fhima APC, we fight aggressively to defend our clients’ rights to fair compensation for their injuries after truck accidents. As both skilled negotiators and litigators, we can represent your best interests at every step of your accident claim.

If you were injured due to the negligence of a truck driver in California, you deserve compensation for the harm you suffered. Contact Neale & Fhima APC at 888-407-2955 today to schedule a free consultation.

Attorney Aaron Fhima

Aaron Fhima, California attorneyAaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]

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