Do Federal Trucking Regulations Impact Truck Accident Cases? | Caffee Accident & Injury Lawyers
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Do Federal Trucking Regulations Impact Truck Accident Cases?

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In an accident between a 4,000-pound family vehicle and an 80,000-pound fully loaded commercial truck, the occupants of the smaller vehicle face a heightened risk of serious or catastrophic injuries. Unfortunately, truck accidents are not as uncommon as you might think, including in Washington State, where the freight industry is critical to the state’s economy.

Commercial trucks cross state lines, leaving them subject to regulation by the Federal Motor Carrier Safety Administration (FMCSA). These regulations are often the key to a successful truck accident compensation claim in Washington.

If you or a loved one has been injured in a truck accident in Kent, a Kent truck accident lawyer can help you navigate the complexities of these regulations, determine liability, and fight for the compensation you deserve.

Understanding Duty of Care In Truck Accident Cases

The FMCSA has a wide array of safety regulations for the multiple entities required to keep a well-maintained truck on the road with a secured load and driven by a qualified, rested truck driver. All entities involved in the trucking industry must carefully adhere to regulations such as the following:

  • Driving hour limits and mandatory breaks
  • Careful logging of all driving hours
  • Regular truck inspection requirements
  • Routine truck maintenance and repairs
  • Documentation of all maintenance and repairs
  • Load securing and stabilizing regulations
  • Regulations for the proper load securing devices
  • Regulations for hiring and training drivers
  • Regulations for alcohol and drug tests on all newly hired drivers and random tests on employees

These are only some of the most important FMCSA trucking regulations designed to prevent accidents and injuries. If one entity involved in the trucking industry violates the duty of care to follow regulations and take all reasonable measures to avoid causing an accident and injuries, the results can be serious or catastrophic injuries to vulnerable motorists.

How Do Trucking Regulation Violations Affect My Truck Accident Claim?

After a truck accident, an injury victim’s attorney carefully investigates all aspects of the accident to determine how it occurred, the negligent action that caused it, and who is responsible and liable for the injury victim’s damages, such as medical expenses, lost wages, and compensation for pain and suffering.

If anyone involved in the trucking industry fails to follow FMCSA regulations, proving their failure to adhere to the industry rules helps prove their liability. Common liable parties in Washington truck accident claims include:

  • The driver, if they are an independent contractor
  • The trucking company
  • A negligent truck maintenance company
  • A negligent freight loading company
  • The manufacturer of a defective truck part or equipment

If a truck accident attorney finds evidence of a violation of a trucking regulation, it makes a compelling case for liability against the at-fault party.

What Evidence Proves Trucking Regulation Violations In a Truck Accident Claim?

An attorney examines all evidence, including the police report of the accident and any evidence gathered at the accident scene, such as photos, traffic camera videos, and eyewitness statements. They also look at evidence such as the following:

  • The truck driver’s logged driving hours
  • Any previous traffic violations
  • The truck’s maintenance records
  • The black box recorder (provided in most commercial trucks to register critical data before and during a crash)
  • The freight-loading records
  • Testimony from expert witnesses 
  • The trucking company’s hiring and drug testing practices
  • Drug and alcohol test results

After investigating the accident and pinpointing liability, a truck accident attorney sends their findings to the appropriate insurance company and begins negotiations for a settlement. The case may require the attorney to present the evidence in court if the insurance company wrongfully denies or undervalues the claim.

How Can a Washington Truck Accident Lawyer Help?

If you or a close family member suffered injuries in a Washington truck accident, don’t leave your case in the hands of the trucking company or their powerful insurance provider. Instead, contact the experienced Washington truck accident lawyers at Caffee Accident & Injury Lawyers for legal representation that prioritizes your best interests.