What most motorists may not know is that the trucking industry is regulated by numerous state and federal laws that must be adhered to by all trucking companies, as well as by their drivers. The above laws can well determine who may be ultimately held responsible for any commercial truck accident. For instance, the two federal agencies which are primarily responsible for regulating traffic laws, trucking and auto laws are the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA). In addition, each state basically has its own traffic department to regulate intra-state commercial trucking. If you were involved in a serious trucking accident, and the accident involved a semi-truck or big rig crash you may be able to conclusively prove that the big rig crash was the fault of the trucker. If that is the case, and they are responsible, then the driver or his or her company could be held liable for your injuries from a big rig accident. Truckers, as determined by state and federal laws, must follow such rules as: -If they are driving an 18-wheeler, they must be able to produce a commercial drivers' license -They must get the proper rest, this is what is generally called "hours of service" -Truckers must drive a truck that adheres to the maximum weight requirements. For example, a single axle truck must carry up to 20,000 pounds and a two-axle truck, or a tandem truck must carry up to 34,000 pounds. The truck must not be overloaded, as this can be very dangerous, not just to the driver, but even more so if they should have a truck crash. So as you can see, driving a truck is a very serious responsibility and can equally incur serious consequences. So, if you, or a loved one have experienced injuries from a big rig accident, by all means get the qualified legal services that you are entitled to. A truck wreck is never a pleasant situation, but it is good to know your rights beforehand. It's also good to know that there is a legal recourse for truck accident victims. Hopefully, you or your loved ones will never become truck accident victims, but in case you or a loved one ever do, know what rights you have and what truckers can and cannot do. Whenever injury occurs following a large truck accident, the first objective should be to seek medical attention. Next, victims should think about filing a legal claim to recover compensation for their damages. Below are some of the most frequently asked questions about these sorts of accidents. If I am in a semi-truck accident, should I contact the police? Yes. Any automobile accident should be documented for the safety of the individuals involved. Along with ขายรถบรรทุก the obvious trading of names and insurance information, it is wise to seek out information from any relevant witnesses. Do large truck accidents and the legal procedures that follow differ from the ordinary auto accident? Technically, there is no difference in the way that negligence is determined. However, there are special laws that apply specifically to semi-trucks. Commercial trucking is regulated by laws at the federal and state level. They are in place to reduce threats to the driver and those who share the road with him, by mandating a number of hours that can be driven, the way that a trailer must be loaded in order to avoid uneven weight, and regulating safety equipment utilized by the vehicle. Who can sue in a large truck accident? Anyone injured in the accident has legal right to seek retribution. If there is a fatality, this includes family members of the victim. However, state laws do vary slightly as to who can file suit, so speaking with an attorney is wise. There are also special circumstances for minors harmed in auto accidents. Who would a victim make a case against, if he was not driving the semi-truck? The initial thought of most would be to sue the truck driver. However, in some situations, the case should be made against the trucking company. The decision should be based on the relationship between the driver and his hiring company. In some instances, semi-truck drivers are simply independent contractors, who are not affiliated with a specific company. If that is the case, then legal action would likely be pursued against the driver. However, if the driver is employed by a company, then a term known as "respondent superior" applies. This insinuates that the driver was acting as the company and, therefore, the suit would be made against the company as a whole. Who will be liable for the accident? Along with the general rules of determining negligence in an accident, there are a few other factors that can be weighed in a large truck accident. Malfunctioning equipment can place the manufacturer at fault, simple affiliation with the driver can place negligence on the shoulders of the trucking company, and state and federal laws and regulations place different guidelines on determining liability. What if a settlement is offered before a suit is officially filed? Occasionally, the trucking company, insurance agency, or manufacturer will offer a settlement amount. Although it can make for a very fast resolution, it is wise for all parties to fight the urge to accept such terms before consulting an attorney. A qualified and experienced attorney will help protect that individual from lesser compensation than what is actually deserved. Once the formal lawsuit has been made, the case will move forward just as any other vehicle accident case would. Most will settle out of court, with only a small percentage going to trial. Damages will likely be assessed and the victim will be paid a lump sum to cover the costs of medical bills, lost wages, psychological detriment, or for other considerations made by the judge or jury.
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