248 ReviewsHow Can a Truck Accident Attorney Help?
Each truck accident case is unique. Our truck accident attorneys will evaluate the details of your case to develop a strategic plan tailored to your circumstances. We consider factors such as driver negligence, potential violations of safety regulations, and liability to build a strong foundation for your claim.
At Friedland & Associates, our truck accident lawyers can help you during this devastating time by using their extensive expertise regarding truck accident rules and regulations.
Our accident lawyers possess a specialized understanding of both federal and state trucking laws due to the unique nature of trucking accidents and the regulations governing the commercial trucking industry, in addition to:
Federal Trucking Regulations
Truck accident lawyers are well-versed in the Federal Motor Carrier Safety Regulations (FMCSRs), a set of rules established by the Federal Motor Carrier Safety Administration (FMCSA).
These regulations cover a variety of aspects of commercial truck operations, including:
- Driver qualifications
- Hours of service
- Vehicle maintenance
- Cargo securement
Our truck accident attorneys use their knowledge of FMCSRs to assess whether the trucking company and its driver were compliant with federal standards at the time of the accident.
Our truck accident attorneys use their knowledge of FMCSRs to assess whether the trucking company and its driver were compliant with federal standards at the time of the accident.
State Trucking Laws
In addition to federal regulations, trucking operations are also subject to state-specific laws and regulations. Our truck accident lawyers understand the intricacies of these state laws, which may include speed limits, weight restrictions, and specific requirements for obtaining commercial driver’s licenses.
Our truck accident lawyers can also help by:
Determining Liability
Truck accidents often involve complex liability issues, as multiple parties can be held responsible, including:
- The truck driver
- Trucking company
- Cargo loaders
- Maintenance providers
- Manufacturers of faulty truck parts
Our legal team will use their vast knowledge of federal and state trucking laws to identify the liable parties and establish a clear chain of responsibility for the accident.
Evidentiary Support
Truck accident cases require extensive documentation and evidence to prove liability and damages. Attorneys use their understanding of trucking regulations to pinpoint potential violations that may have contributed to the accident. For instance, they might analyze the driver’s logbook to check for hours-of-service violations, inspect maintenance records for signs of negligence, and assess the cargo securement to determine if it complied with regulations.
Handling The Insurance Company and Claims Adjuster
Dealing with insurance companies after a truck accident can be overwhelming. Our truck accident lawyers skillfully negotiate with insurance companies on your behalf. We ensure that you’re not unfairly pressured into accepting a low settlement offer and that your rights are protected throughout the process.
Investigating Driver Fatigue
Driver fatigue is a common cause of truck accidents. Our lawyers are well-versed in identifying signs of drowsy driving and can investigate whether the truck driver’s hours of service were violated, potentially contributing to the accident.
Pursuing Maximum Compensation
The damages from a truck accident can extend far beyond medical expenses. Our truck accident lawyers assess both economic and non-economic damages, including medical bills, lost wages, pain and suffering, and emotional distress. We work to maximize your compensation to cover all your losses.
Filing a Lawsuit if Necessary
While many cases can be settled through negotiations, our lawyers are prepared to take your case to court if you sustained severe injuries and damages exceeded your insurance coverage. In most cases, the injuries suffered in truck accidents are severe. We have the trial experience to present your case persuasively to a judge and jury, ensuring your rights are upheld.
Can An Attorney Determine if a Trucker or Trucking Company Violated Trucking Laws?
Trucking laws in Florida and New York are sets of regulations that govern the operation of commercial vehicles, ensuring safety on the roads and highways. These laws encompass various aspects of the trucking industry, from driver qualifications to vehicle maintenance and road safety.
The following are state and federal rules that govern the trucking industry:
Driver Qualifications and Licensing
Florida and New York follow federal guidelines for commercial driver’s licenses (CDLs). Truck drivers must meet specific age, health, and training requirements to obtain a CDL. Additionally, drivers transporting hazardous materials must undergo additional testing and obtain specialized endorsements.
Hours of Service (HOS)
HOS regulations dictate the amount of time a truck driver can spend on the road before taking mandatory rest breaks. In Florida and New York, as in the rest of the United States, drivers must adhere to federal HOS regulations to prevent driver fatigue and maintain road safety.
Vehicle Inspections and Maintenance
Trucks operating in Florida and New York are subject to regular inspections to ensure they are safe for operation. Trucking companies must maintain their vehicles according to specific standards, addressing issues promptly to prevent accidents caused by mechanical failures.
Weight and Size Limits
Florida and New York impose weight and size limits on commercial vehicles to prevent excessive wear and tear on roads and bridges. These limits help maintain road infrastructure and prevent accidents caused by overweight or oversized vehicles.
Drug and Alcohol Testing
Trucking companies are required to conduct drug and alcohol testing for drivers. This includes pre-employment testing, random testing, and post-accident testing to ensure that drivers are not under the influence while operating a commercial vehicle.
Cargo Securement
Proper cargo securement is crucial to prevent load shifts and accidents. Florida’s and New York’s trucking laws mandate that cargo must be properly loaded, secured, and balanced to ensure safe transport.
Electronic Logging Devices (ELDs)
ELDs are used to monitor a driver’s hours of service electronically, replacing traditional paper logbooks. In Florida and New York, as in other states, trucks are required to have ELDs installed to accurately track driving hours and rest periods.
Insurance Requirements
Trucking companies must maintain a certain level of insurance coverage to ensure that they can adequately compensate victims in case of accidents. These requirements aim to protect both trucking companies and other road users.
State-Specific Regulations
While New York and Florida follow many federal regulations, there may be state-specific rules and exemptions that trucking companies need to be aware of when operating within the state.
Safety and Enforcement
The Highway Patrol and other law enforcement agencies are responsible for enforcing trucking laws. Violations of these laws can result in fines, penalties, and even the suspension of a driver’s CDL.
What Are Common Truck Accident Injuries?
Truck accident injuries can be severe and life-altering due to the sheer size and weight of commercial trucks. These accidents often result in more severe injuries compared to typical car accidents, and victims may require extensive medical treatment and long-term care.
Some of the most common truck accident injuries include:
- Whiplash
- Back injuries
- Neck injuries
- Spinal cord injuries
- Traumatic brain injuries
- Broken bones
- Internal injuries
- Burns
- Amputations
- Crush injuries
- Soft tissue injuries
- Psychological trauma
- Death
The severity of these injuries can vary depending on factors such as the speed of the collision, the type of accident, and the safety measures taken by the victims.
Contact Us Today!
If you were involved in a collision with a semi-truck, contact a truck accident lawyer at Friedland & Associates today to schedule a free consultation.
We can meet with you to discuss your case, go over your legal options and rights, and help you pursue the compensation you deserve for your accident-related expenses. Contact us today to learn more.
