The FMCSA and Your Truck Accident Lawsuit
In America, the Federal Motor Carrier Safety Administration is the government body that regulates the trucking industry. If you become hurt as the result of a truck accident, any violation of this organization’s standards makes the individual who struck you automatically negligent. Here is a quick guide to the FMCSA and how its rules can help you assign blame where it belongs.
The Role of the FMCSA
As part of the U.S. Department of Transportation, the FMCSA sets and enforces trucking rules that must be obeyed. Some matters they oversee include:
- Weight limits
- Rest periods
- Maintenance standards
- Licensing requirements
More information regarding the organization’s specific regulations can be found online.
The Importance of the FMCSA
FMCSA standards help keep our roads safer. When it comes to lawsuits, the organization makes it easier to prove that your injury was caused by a truck driver’s negligence. Otherwise, determining fault requires a potentially complex four-part test. So long as there exists proof that the vehicle’s operator committed an FMCSA violation, this becomes unnecessary.
The Role of the Attorney With the FMCSA
Hiring a trucking accident lawyer Arlington VA is the best way to verify a truck driver’s fault. The attorney’s job begins with assembling as much information about the accident as possible. Among other duties, this requires talking with the victim about what happened and examining the police report.
The next step is to reference the FMCSA’s safety compliance program to confirm whether violations of the Code of Federal Regulations have been committed. The investigating individual may also want to examine the Federal Register, as well as other government sources, in case there have been any relevant rule changes. This task can be confusing, requiring an understanding of industry terms and interpretable elements. Should your case make it to a courtroom, driver logs and other records relating to the crash may help prove your claim. An experienced trucking accident lawyer Arlington VA should know how to obtain these documents and make effective use of them.
Showing that the person who caused your accident violated the FMCSA’s rules greatly increases the chances of winning your case. Under certain circumstances, you may be able to sue the trucking company in addition to the vehicle’s driver, increasing the amount of your potential award.
If you were hurt in a trucking accident, hire a trucking accident lawyer Arlington VA to determine whether there was a demonstrable violation of FMCSA law.
The attorneys at Cohen & Cohen have settled more than 10,000 cases since 1993. If you’ve been injured in an accident, an experienced trucking accident lawyer Arlington VA can help get you the compensation you deserve. Contact us today at (202) 955-4529 for a free case evaluation.