Truck accidents take place multiple times per day across America. These accidents happen in many areas but more than 50% of fatal truck accidents occur in rural areas, with about 27% taking place on interstate highways. The location of a truck crash can have an effect on many different aspects of a personal injury claim. This includes the specific laws that might apply to your case.
Each state in the United States has its own set of laws. These laws apply within the state’s borders. Additionally, there are federal laws that can also come into play with truck accidents, as the trucking industry is largely regulated by federal agencies. The interplay between state and federal laws is one of the unique aspects of truck accident litigation. In order to succeed in these types of cases, it is important to have an attorney who understands both sets of laws and how they can be used for your benefit.
Here at Burg Simpson, our attorneys handle truck accident cases nationwide. We are intimately familiar with the various laws surrounding truck crashes and how they might affect your case. We use our experience to benefit you. If you or a loved one were injured in a truck accident, give us a call to see how we can help.
When a truck accident occurs, an attorney must first look at what laws might apply to a certain situation. The laws of the state where the crash happened are usually the first place to turn. For instance, every state in the United States has enacted traffic laws concerning how drivers should operate their vehicles. Most obviously, this includes laws against things such as speeding, distracted driving, impairment, and following traffic signals. Most truck accidents, like other types of crashes, are attributable to driver negligence. This means that the truck driver may have broken some law which led to the accident. In cases of negligence, it is most often that violation of a state traffic law was the main cause.
Federal laws usually come into play in quite different circumstances. While state law may govern the actual behavior that led to the accident, federal laws are more regulatory in nature, meaning that they are designed to implement processes that will reduce the likelihood of a crash. As with a state law, violation of a federal law can also lead to liability for the truck driver.
The Federal Motor Carrier Safety Administration (FMSCA) is the agency that is primarily in charge of creating safety standards of regulations for the trucking industry. First established in 2000, the FMCSA has enacted a broad set of rules applying to various aspects of trucking. Some of the most well-known FMCSA laws affect the following areas:
These laws were implemented by the FMCSA to create a uniform set of safety standards across the trucking industry. The goal was to reduce the risks and hazards associated with serious and catastrophic truck crashes. When truckers and trucking companies act in compliance with FMCSA rules, they are less likely to be involved in these devastating collisions. However, violations of FMCSA guidelines are unfortunately quite common. Trucking companies seeking to make a profit may cut corners when it comes to safety. This leads to serious accidents that could have been prevented.
Your attorney plays a key role in navigating the jurisdictional and legal issues that commonly arise after a truck accident. Following a crash, a lawyer will conduct an investigation into the cause of the accident and who might be responsible. This investigation often leads to one or more individuals being responsible for the crash. Your attorney will then look for evidence of whether the trucker and trucking company were in compliance with various laws. This includes checking for violations of federal law and state law and deciding which claims to bring on your behalf.
The legal landscape surrounding truck accident claims gets complicated very quickly. Knowing which laws apply to your situation comes with skill and experience in this area. If your attorney does not have a thorough and complete understanding of the law, you are at a disadvantage and could lose valuable compensation. Our lawyers at Burg Simpson are always here to make sure that your legal rights are protected.
Our firm has litigated cases across several states and in many courts throughout the country. We have a team of dedicated and driven national truck accident attorneys standing by to provide help at any time. Before you speak with an insurance company or other third party, give us a call to see how we can be of assistance. Your time to act could be limited, so you should take the appropriate steps as soon as possible.
Being the victim of a truck accident is a life-changing experience for victims. Obtaining compensation for your injuries is often one of the final steps in the healing process. Along the way, injured victims need the best possible legal guidance to ensure that the road to recovery is as smooth as possible. A truck accident can present a complex legal scenario. A skilled and experienced national truck accident attorney will expertly navigate the laws and use them for your benefit at all times.
Our truck accident attorneys at Burg Simpson always have your best interest in mind. For years, we have handled catastrophic collisions with a high level of success. Our firm has recovered more than $2 billion for injured victims and their loved ones. We are here to help during your time of greatest need.
Our firm is standing by to help you at any time. We offer free consultations and case evaluations for all potential and prospective clients. To speak with a national truck accident attorney, please reach out to us using our online contact form or call us at (866) 655-1236.