A truck accident can turn one’s life upside down in the blink of an eye, leaving the victims with injuries, debts, and emotional trauma. In the wake of such a tragic incident, one’s priority will be that the offenders are punished and compensated fairly.
This is where the 18-wheeler accident lawyers come in as indispensable helpers who lead victims through the intricate legal process and plead vigorously for them.
These attorneys, with their ability to uncover the nuances of federal and state laws, are key to maximizing the compensation provided to truck accident victims.
In this article, we will look at some of the federal and state laws that help regulate and ensure the trucking industry’s safety.
Basic of Federal Laws That Regulate Trucking Industry
Federal laws are the main tool for maintaining safe and proper trucking regulations in the United States.
Federal Motor Carrier Safety Regulations (FMCSR):
The FMCSR involves many safety regulations that ensure that all aspects of commercial vehicle operation are conducted safely. These regulations cover from vehicle maintenance and inspection protocols to employee qualifications and training routines.
Hours of Service (HOS) Regulations:
The regulations for HOS (hours of service) aim to decrease the risk of truck accidents caused by driver fatigue, which is a common cause of truck crashes. These rules set limitations regarding the number of hours of driving that commercial truck drivers can do in a certain timeframe and require rest breaks and off-duty periods intended to allow appropriate rest and recuperation.
Commercial Motor Vehicle Safety Act (CMVSA):
The CMVSA mandates unified regulations for commercial driver’s license (CDL) applications and guarantees that all commercial truck drivers can competently maneuver their vehicles with the appropriate skills and qualifications.
To implement this legislation, first-time commercial drivers must get through all-inclusive training classes and pass tough tests to be issued with their CDLs.
Compliance, Safety, Accountability (CSA) Program:
The CSA program is a proactive safety enforcement initiative that utilizes its own data and targets motor carriers and drivers with safety ratings below a certain level.
The CSA program strives to create a system that enables accurate monitoring, measurement, and timely intervention in order to enhance compliance with safety regulations.
What Role Do State Laws Play in the Trucking Industry?
Vehicle Size and Weight Limits:
The States can set and implement size and weight restrictions for commercial cars using their roads.
The restrictions are put in place to ensure that the infrastructure, including bridges and roads, will not experience extreme wear and tear over time and that everybody is safe on the road.
State laws stipulate the maximum permitted length and weight for trucks and their trailers & cargo, regulations for axle weight distribution, and so on.
Through this measure, the states seek to mitigate the risk of collisions due to overloaded and incorrectly loaded trucks, which may have an effect on the trucks’ stability and braking capacity.
Licensing and Registration Requirements:
The individual states have their own requirements on licensing and registration for commercial drivers and vehicles that they allow to operate within their borders.
This involves the setting up of these regulations covering applications for CDL and the registration of commercial motor vehicles. State motor vehicle departments (DMVs) see to the receiving of CDL exams and the issuance of licenses, requiring drivers to pass mandatory minimum requirements such as age, medical, and driving records.
Similarly, states mandate that commercial vehicles be registered and have valid tags coupled with the fees often calculated based on vehicle weight and frequency of use.
Traffic Laws and Enforcement:
States apply traffic regulations intended for all vehicle types, including trucks, to ensure that motorists drive safely and avoid accidents.
They are aimed at providing a legal framework for traffic regulations, including those on speed limits, traffic signals, lane usage, and the rules of the road.
State law enforcement agencies not only have the duty to inspect compliance with these regulations but also to carry out routine patrols, roadside checks, and targeted enforcement in order to fulfill this commitment.
Liability and Insurance Regulations:
The laws of the state are largely responsible for the questions of liability and insurance in truck accidents. They define the process of determining who was at fault, compensation for damages, and resolution of legal disputes.
These laws differ from state to state but in general, outline the legal rules of proof for the claimants to sue the truck manufacturers or drivers for the accident.
