Legal Specialty: Truck Accident Attorneys

Ron Clearfield — Wed, 23 Sep 2015 18:29:49 +0000

Many people believe that truck accident attorneys are the same as car accident attorneys – after all, both cars and trucks share the roads. But in the law books and in the courtroom, there is a difference between the two. Understanding that difference is critical if you ever find yourself in a wreck involving a big rig and you’re looking for truck accident attorneys.

Different Laws for Truck Accident Attorneys

One of the reasons truck accident attorneys and car accident attorneys are so different is because federal law primarily regulates most 18-wheelers and other big rigs in the United States. State law usually takes precedence when it comes to car accidents, whether they occur on state roads or the interstate system.

That means that a good truck accident attorney will be familiar with a different set of laws and legal precedents than those concerned with car accidents.

Plenty of Rules, Regulations for Trucking Industry

How are the two types of law different? While accidents with big rigs are potentially more serious because a tractor trailer weighs many times more than most cars, there is a wealth of information available for truck accident attorneys that isn’t also available when cars get into accidents with other cars. The federal government, primarily the Federal Motor Carriers Safety Administration within the U.S. Department of Transportation, has set out rules and regulations that trucking companies and individual truck drivers must follow.

Truck Attorney Can Follow the Paper Trail

These rules are designed to enhance safety and they create a considerable amount of paperwork for truckers and trucking companies. This paperwork – proof of regular maintenance of big rigs and logs that detail the exact hours truck drivers are on the road and resting – contains potential treasure troves of information for the experienced truck accident attorney who knows how to legally request copies of every type of record available.

Laws, Regulations Truck Drivers Must Follow

For example, there are rules that limit the number of consecutive hours truck drivers can be on the road without stopping for rest. If the truck driver involved in your accident didn’t follow federal law, that can be a factor in your favor. Similarly, if maintenance wasn’t conducted on schedule, or some essential element of truck maintenance was forgotten, there are records that can reveal these mistakes.

Truck drivers must meet the minimum age of 21 and have a valid Commercial Driver’s License and, in addition, the truck company must keep records of any prior accidents or violations of trucking safety regulations for each driver; valuable information for a truck accident attorney.

Ron Clearfield Wed, 09/23/2015 - 11:29