Truck accidents are devastating to all involved and often result in catastrophic injuries and even death. Survivors face mounting medical bills and expenses at a time they may be unable to work, and their lives and those of their families may never be the same.
If you or a loved one has been injured or someone has died in a crash with a large truck, you may be entitled to compensation for your losses. However, lawsuits involving large trucks are extremely complicated, as they involved not only personal injury laws but the rules and regulations of the Federal Motor Carrier Safety Administration (FMCSA).
Understanding the FMCSA
The FMCSA was established in 2000 as a division of the U.S. Department of Transportation (DOT). It is the primary regulatory agency responsible for overseeing the safety and compliance of commercial motor carriers operating in the United States. With this goal, it develops and enforces regulations that cover areas that include:
- Driver qualifications, including commercial driver’s license standards and safety fitness procedures.
- Hours of service – How many hours drivers can drive without resting. For example to prevent accidents due to fatigue and lack of sleep, there is a maximum number of hours that truckers can operate behind the wheel: they cannot exceed a maximum of 11 hours during a 14-hour shift or more than 60 hours total in seven consecutive days or more than 70 hours in eight straight days.
- Logs — Commercial truck drivers must log their activities during their shifts.
- Vehicle maintenance – Poorly maintained vehicles can break down and cause accidents. Trucks must be inspected for safety before each route, including checking brakes, lights, mirrors, wipers, and the engine.
- Cargo securement – Improperly loaded cargo can shift and cause a crash.
- Hazardous materials transportation.
- Size restrictions — Regulations set all commercial trucks’ size, weight, and speed restrictions.
To enforce compliance, the FMSCA conducts safety inspections of commercial vehicles and driver records and investigates complaints and reports of safety violations. It collects and analyzes safety data such as crash reports, inspection records, and driver violations to identify risk factors in order to make regulatory decisions and develop strategies to improve safety. It also plays a critical role in truck accident litigation.
The FMCSA’s Role in Truck Accident Lawsuits
The Federal Motor Carrier Safety Administration (FMCSA) plays a critical role in truck accident lawsuits because violations of its safety regulations can be used to establish negligence on the part of carriers and drivers. Establishing negligence is an essential part of any truck accident lawsuit.
To win a truck accident lawsuit, your attorney must prove that another party (the defendant in the case) was negligent and at fault for causing the accident. Proving negligence means demonstrating the existence of the following factors:
- Duty — The defendant owed you a duty of care not to cause harm.
- Breach — The defendant breached this duty by actions or failure to act.
- Cause — This breach of duty caused the accident.
- Damages — You suffered injuries and damages as a result.
Proving negligence can be difficult, but if an accident occurred when a truck driver or company violated FMCSA regulations related to driver qualifications, hours of service, vehicle maintenance, and other safety standards, the courts will consider it to be negligence per se. This means that the violation itself is evidence of negligence, and it greatly simplifies the process of proving liability in a lawsuit. In addition, if there is a history of non-compliance or past violations of regulations, this record can be used to demonstrate that there is a pattern of negligence or failure to prioritize safety on the part of the trucking company or its employees.
How FMCSA Regulations Can Strengthen Your Case
Since FMCSA regulations establish the standard of care for the trucking industry, companies and employees, they can be used to help determine whether a duty of care has been breached when trying to prove negligence in your lawsuit. The regulations can strengthen your case by providing evidence and insights as to what caused the accident. For example, if a company was negligent by hiring a driver that lacked required qualifications or if the company pressured the driver to drive outside the required hours-of-service limitations, you have a strong case of negligence per se.
In addition, FMCSA officials, safety inspectors, and analysts have expertise in regulatory requirements, industry practices, and safety trends that enable them to be expert witnesses and testify as to the circumstances surrounding an accident. They know how to investigate complaints, issue citations, and take enforcement measures, all of which can be used as additional evidence for proving fault. Testimony of FMSCA officials can help accident reconstruction efforts and assist in determining liability.
The Importance of Legal Representation
While it is possible to represent yourself in a truck accident case, having legal representation is especially important due to the complexity of truck accidents, the possibility of multiple liable parties, and the involvement of FMSCA rules and regulations. Experienced truck accident attorneys know FMSCA regulations and requirements, and they often center their legal strategy around demonstrating failures to uphold FMCSA regulations. Violations make proving negligence easier and may often result in higher compensation.
In addition to FMSCA regulations, experienced attorneys know how to investigate the crash scene and gather evidence such as photos, videos, and camera footage from traffic and dash cams, black box data and logbooks from the truck, truck maintenance records, police and accident reports, driver drug and alcohol test results, and statements from eye witnesses and first responders. Your attorney will have access to appropriate experts to testify on your behalf as to accident reconstruction and proving fault, as well as experts to show the costs and damages you had from the crash, and how your injuries will negatively affect your life and your financial situation into the future.
Your attorney knows the law and can help you get compensation even if you did something to contribute to the accident. According to Kentucky Revised Statutes section 411.182, if you were partially at fault for the accident, you can still receive compensation, although the amount of damages you can recover in a lawsuit is reduced by the same percentage you are found to be at fault for causing the crash.
Big trucking companies and their insurers have high-powered lawyers working to deny or minimize claims. An experienced Kentucky truck accident lawyer can fight back against them and advocate for your rights and the compensation you deserve.
Get Legal Help for Truck Accidents
If you or a loved one was injured in a truck accident, get help from a strong and experienced Kentucky truck accident attorney who knows how to get results. Attorney Billy Johnson, of the Johnson Law Firm, has decades of legal experience helping victims of truck accidents. He knows the ins and outs of a courtroom, and he has successfully secured settlements and jury awards on behalf of vehicle accident clients across Kentucky. He is aggressive when going after the negligent parties and holding trucking companies, manufacturers and insurance companies accountable for the damage done. Let Billy handle all legal hurdles involved with winning compensation, so you can focus on recovering and putting your life back together.
We work on contingency, which means we get paid only when you get paid. Call us today at 606-437-4488 for a free, no-obligation consultation.
Attorney Billy Johnson
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]
