Developing your truck accident lawsuit
Trust an attorney who understands truck industry regulations to best build your case
Trucking cases are not like regular car crash cases. In developing your truck accident lawsuit, your attorney must understand what rules and regulations apply to each defendant (truck driver, trucking company, broker, shipper, etc) and then determine whether or not that defendant has been compliant with the rules or not. This can be a very complex task and usually involves consulting with one or a number of experts depending upon the issues in the case.
Understanding the rules is critical to properly building your lawsuit and fighting the trucking company and the insurance company’s attorneys. Our lawyers have extensive experience successfully building truck accident cases. Call 800-777-0028 to learn how our legal team can build you a solid lawsuit.
Finding an attorney who understands federal and state trucking regulations
The Federal Motor Carrier Safety Regulations (FMCSRs) govern the trucking industry and all of its players and equipment. Where interstate commerce is involved, the FMCSRs apply directly. Where purely intrastate commerce is involved, the FMCSRs apply through their adoption into state law.
Depending on the state, this is usually accomplished either by statute directly adopting the FMCSRs or by statute authorizing some state agency or commission to regulate the trucking industry and then that agency or commission adopts the FMCSRs. This can become tricky as some states adopt some but not all of the FMCSR provisions. It is important for your lawyer to look for any exceptions and/or modifications at the state level.
The FMCSRs set the national standard of care for the operation of trucks and trucking companies. Some of the rules are very specific, but most set a framework but do not specify exact methodologies that a carrier should employ to be compliant. Thus, to fully appreciate the “rules” that govern trucking, your attorney must consider not only the FMCSRs but also industry standards that have developed over the last few decades. Because of this, you need a lawyer with extensive truck accident lawsuit experience.
Get the trucking industry expertise you need for your lawsuit
To speak with an experienced truck accident lawyer about your lawsuit, call 800-777-0028 or complete our online contact form today. There is no fee or obligation to get started.