What makes a truck driver liable?
Driving under the influence of alcohol
Working beyond the recommended driving hours
Careless or reckless driving
Not adhering to any safety protocol while transporting hazardous material
Failure to inspect the vehicle, trailer, or cargo
Failure to maintain the vehicle
When are trucking companies liable?
Having untrained or unlicensed drivers operating their trucks
Not disciplining drivers
Encouraging drivers to work beyond normal shift hours
Failure to check drivers for compliance with regulations
Allowing trucks to be on the road after failing on maintenance and inspection checks
Regulations in Trucking Accidents
Truck accidents are known for being legally complicated. This is mainly due to the nature of the trucking industry. Trucks operate across state lines and within individual states. These distinctions are known as intrastate (within one state) and interstate (across state borders). These regulations however vary depending on which company owns the truck. When there’s an accident, you may have to consult one type of regulation or both!
State and Federal laws are not identical and may vary depending of the type of truck or cargo. Moreover, each State has different insurance requirements. The bottom line is that determining culpability in trucking accidents is challenging. Having a team of trained legal representatives on your side is always beneficial.
As per Federal law, regular safety checks and registration procedures are important. Trucks driving across State lines often have more than one insurance carrier. Adhering to Federal regulations requires a lot of documentation by the trucking industry. Our experienced legal team is capable of combing through all the complex paperwork.
Hours Of Service
Sleep is one of the most important factors for any trucker. In fact, a sleepy driver is as dangerous as a drunken driver. To ensure enhanced safety, there are rules in place called ‘Hours of Service’, set by the Federal Motor Carrier Safety Administration:
Maximum drive time is 70 hours a week
A trucker may resume driving after 34 consecutive hours of rest
There must be a 30-minute break during the first 8 hours of driving
There’s an 11-hour daily drive limit
Ideally, drivers have to maintain a logbook to note any sleep and rest periods. While electronic logging in is becoming the industry standard, paper logs are also maintained. There are times when paper logs are tampered with to corrupt data and records.
Truck drivers may break traffic rules, even with the encouragement of employers. To cater to increasing demands and maintain profits, trucking companies often take liberties with safety requirements. High demand means truckers rely on illegal drugs and over-the-counter methods to stay awake for long periods.
Common Trucking Accident Injuries
Injuries in a trucking accident can be complicated. If the collision doesn’t lead to death, it may leave the victim with catastrophic injuries. Common trucking accident injuries include:
Back and neck injuries
Severe and/or permanent nerve damage
Rupture or laceration of organs
Allow Our Lafayette Truck Accident Attorneys To Fight For You
When long-term disability is a real possibility, having a dedicated team of legal professionals fighting for your rights is the best- case scenario. As the medical bills increase, you’ll not be able to return to work for some time. The seasoned legal representatives at the Law Offices of L. Clayton Burgess understand how crucial it is to maintain your family’s way of life.
As per LSU Data Reports, 200 crashes involving gigantic trucks occurred in Lafayette Parish in 2016. If you’ve been involved in a trucking accident, our attorneys at the Law Offices of L. Clayton Burgess are readily available for assistance. Irrespective of how severe the injuries are, do not give up hope. We leave no stone unturned to ensure that our clients receive maximum compensation.
Call us for a no-obligation initial consultation.
As a plaintiff, you have the right to avail of the services of a truck accident lawyer in Lafayette LA to get justice against the damages and injuries caused. Our trucking accident attorney in Louisiana helps victims protect their civil rights when someone violates them. We understand the value of having a highly experienced Louisiana trucking accident attorney on your side to protect you from all legal adversities. At The Law Offices of L. Clayton Burgess, you get the best team of lawyers who are committed to serving you, protecting you, and securing your present and future well-being. Contact our Lafayette truck injury lawyer and book FREE consultation today!