Truck drivers are held to high standards by state and federal laws. The Federal Motor Carrier Safety Administration and the U.S. Department of Transportation control the Federal Trucking Regulations. If you’ve been hurt in a truck accident, here are some facts about the regulations that the driver should have been following that could help your case.
First, anyone who is driving an 18-wheeler or commercial vehicle must have a commercial driver’s license. If the driver didn’t have the correct license, then you may be able to seek compensation from the driver and his employer for negligence or reckless behavior.
Another thing you should be familiar with is how long a driver can operate a vehicle without rest. There are strict hours of service regulations, which are there to protect you from drowsy drivers. If the driver has falsified logs showing how long he has been driving or has been pushed to drive longer hours by his employer, then you could have a case against both.
Something else you may want to know about is what kind of expenses you can be compensated for when you file a lawsuit. There are six categories to consider with your attorney. These include
— Lost earning capacity
— Lost wages
— Special damages
— A loss of companionship
— Pain and suffering
— Medical expenses
You should be able to claim for mental and physical distress, the cost of receiving medical treatment and any other losses you’ve suffered. If you are the family member of someone who has passed away following a truck accident, you may be entitled to compensation for a loss of companionship.
You may decide to claim for a combination of these categories. Your attorney would be best able to tell you which you would qualify for.
Source: FindLaw, “Truck Accident Law: What You Need to Know,” accessed Oct. 20, 2016