If a trucking driver breaks a federal or state regulation, they can cause an accident. For those who get hurt in a truck crash in Roseville, CA, they may be able to sue an at-fault trucker, their employer, or both. By meeting with a Roseville truck accident lawyer, you can get the legal help that you need to seek damages from anyone who broke a federal or state trucking regulation.
At Triumph Law, P.C., we can connect you with a legal team that you can trust. Our Roseville truck accident attorney can learn about your case and help you decide if now is the right time to pursue compensation. For more information, please reach out to us.
Federal and State Trucking Regulations that You Need to Know About
There are regulations that apply to all truckers across the United States. These regulations come from the Federal Motor Carrier Safety Administration (FMCSA). They cover several topics, including:
- Driver Qualifications: Only drivers that have a commercial driver’s license (CDL) are allowed to operate trucks — if a trucker does not have a valid license and causes an accident, the driver and their employer can get sued.
- Vehicle Standards: A trucking company must take precautions to make sure that its drivers operate safe vehicles.
- Cargo Regulations: The federal government has rules in place relating to how cargo is secured in large trucks and similar regulations.
In California, the state’s trucking laws are based on federal requirements. It is the responsibility of a trucker and a trucking company to understand federal and state laws. If a trucker violates a federal or state mandate and causes an accident, the consequences can be severe.
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Hours-of-Service Regulations Apply in Every U.S. State
FMCSA has hours-of-service (HOS) regulations relating to how long a driver stays behind the wheel. If a trucker goes too long without a break, they pose a risk to other motorists and pedestrians. Fortunately, HOS requirements limit the number of hours that a trucker can drive — and they must be followed closely.
The most recent updates to FMCSA’s HOS regulations came in June 2020. At this point, FMCSA revised four HOS requirements. Here are the four changes that FMCSA made:
- Short-Haul Exception: Truckers are exempt from HOS mandates if they travel within a radius of 150 air miles of a specific location and do not exceed a 14-hour work shift.
- Exception for Adverse Driving Conditions: A trucker can extend their work shift to 16 hours or extend their driving period to 13 hours if they are forced to deal with rain, sleet, and other harsh conditions that affect their ability to drive safely.
- 30-Minute Break Requirement: Truck drivers must take a break of at least 30 consecutive minutes after eight cumulative hours of driving time.
- Sleeper Berth Provision: To meet FMCSA’s 10-hour minimum off-duty requirement, a trucker may spend at least 7 hours of that period in a sleeper berth combined with a minimum off-duty period of at least 2 hours spent inside or outside the berth, as long as the total of both periods is 10 hours.
The team at Triumph Law, P.C. has received many positive reviews from truck crash victims. Our truck accident lawyer in Roseville can help you determine if any federal or state trucking laws were violated that contributed to your crash. To learn more, please get in touch with us.
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Do Not Assume that You Were Responsible for a Trucking Crash
There can be instances where a trucker is driving while distracted and causes an accident. Along with these, there can be times when a truck driver knowingly violates a federal or state trucking law. At any of these times, you can pursue compensation due to the fact that the trucker involved in your crash is responsible.
A truck accident attorney in Roseville can explain how you can submit a claim for compensation from a trucker. They will review the facts of your case and help you figure out who is responsible. Then, your attorney can file a claim and make sure that you seek the most compensation possible.
California does not have a limit on the amount of money that you can ask for in a trucking crash claim. This means you can request any amount of compensation for your medical bills, pain, suffering, and other losses. To get this compensation, you must file your lawsuit in accordance with California’s statute of limitations and build a compelling argument to support your case.
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You Should File a Trucking Accident Lawsuit Right Away
Per California’s statute of limitations for personal injury claims, there is generally a two-year window for submitting a lawsuit. This window opens the date you suffer your trucking accident and injury. If you do not file your claim before the window closes, you lose the right to pursue compensation at a later time.
In a lawsuit involving an overloaded truck or any other case where federal or state laws were violated, your attorney can help you show a judge or jury that the defendant was negligent. They will work with you to gather evidence that explains why you should be awarded damages. Also, your lawyer can help you identify witnesses who can testify on your behalf.
If a truck driver knows that they broke the law, they may be inclined to offer you a settlement. You may receive a settlement offer at any point leading up to your trial date. With any settlement proposal that you receive, you have the option to accept, reject, or counter it.
It Is in Your Best Interests to Hire a Trucking Crash Lawyer
You may believe a truck accident is no big deal. Yet, a trucker can violate a federal or state trucking regulation, which results in your crash. If you hire a trucking crash attorney, you may be able to show a judge or jury that this driver caused your collision and receive a fair amount of compensation.
Of course, not all attorneys have trucking accident case experience. When you look for a lawyer, choose one who has handled cases involving unmaintained trucks and other trucking issues. This attorney has your best interests top of mind and will do everything they can to help you get the compensation that you deserve.
Triumph Law, P.C. has a track record of triumphs in trucking accident cases. We can help you win or settle your trucking crash case. To get started, please contact us today.