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Trucking Industry Rules and Regulations

State and federal regulations are set in place to help maintain safety when it comes to the trucking industry. While most big rig operators have gone through extensive training and are also licensed professionals, unfortunately, there are a few drivers in the industry who will attempt to bypass the regulations set in place. Not following the regulations set in place can ultimately result in serious accidents.

If you or someone you know was injured in an accident involving a big rig, there may be an opportunity for compensation. While most trucking companies have large insurance policies, insurance companies will rarely agree to provide a fair settlement. After a trucking accident, consider seeking the legal support of a skilled law firm who will defend your rights.

Safety Regulation Oversight

As previously mentioned, truck industry regulations are set by state and federal agencies. On a federal level, the Federal Motor Carrier Safety Administration, or FMCSA, will set rules about how much weight a commercial vehicle can safely transport. It will also regulate how long a truck driver can operate the vehicle in a single shift. In order to keep the nation’s roads safe, the agency enforces mandatory break times for commercial vehicle operators.

Regrettably, in order to increase profit margins, many truck drivers or truck industry companies will disregard mandatory rules and regulations. These wrongdoers can break the law by committing the following:

  • Overloading the trailers past the maximum allowable weight
  • Failing to maintain the vehicle, vehicle’s equipment, or vehicle parts
  • Truck vehicle operators who drive at excessive speeds
  • Truck vehicle operators who drive while fatigued
  • Big rig operators who drive while under the influence of a debilitating substance
  • Driving in unsafe weather and/or road conditions
  • Making an improper wide turn

Seeking Monetary Compensation Following a Trucking Accident

Following a truck accident, it may be possible to obtain compensation from multiple parties, including the truck driver. Other parties that may be held accountable for the injuries include:

  • The owner of the big rig
  • The trucking company
  • The manufacturer of the big rig
  • The manufacturer of a part of the big rig
  • The company responsible for repairing the truck
  • The company responsible for maintaining the big rig
  • The company that loaded the vehicle
  • The party responsible for maintaining the road
  • The party responsible for designing the roadway

The State of California follows the comparative fault rule that allows multiple parties to be held accountable for their contribution to an accident. The percentage of each party’s liability will be determined in a court of law. It should be noted that even when the injured party was partly responsible for the accident, there may still be an opportunity to recover restitution.

Hire Skilled Legal Representation

When a person is involved in an accident involving a big rig, serious injuries and even death can often result. While truck drivers are often equipped with substantial insurance policies, these will rarely offer a fair payout at the time of a serious accident. After filing a claim, these parties will usually deny the claim or offer a settlement that is far less than what is deserved. In order to obtain fair compensation, consider seeking the legal support of a skilled law firm.

The attorneys at Milligan, Beswick, Levine & Knox, LLP have extensive experience handling commercial vehicle accidents. Consider contacting the firm today for a free personal injury case evaluation.

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Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.