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Are there special rules that apply to commercial trucks?
Yes. There are many special rules, regulations and laws. The bulk of federal regulations dealing with the trucking industry can be found within Title 49 of the Code of Federal Regulations. These regulations and other federal statutes result in Federal Law applying to trucking accidents (and that may bring a trucking accident case into Federal Court). For example, in January of 2004, the new Hours of Service Rules (rules designed to insure that truck drivers obtain necessary rest and restorative sleep) went into effect. Consequently, if you are in an accident where the driver fell asleep, and you rely on a violation of the Hours of Service Rules, you may end up trying your case in Federal Court. There are also a vast variety of state laws that that may apply in a truck accident case. Some of the special rules favor the trucking industry, and offer them some protection and defense from people injured in trucking accidents. Other special rules that apply are designed to reduce risks associated with trucking accidents, for example by requiring that drivers get enough rest, or keep their trucks in good working condition.
Trucking accident lawsuits involve a variety of elements absent from typical car accident cases. An important piece of evidence in a trucking accident case is the trucker’s driver’s logs. Federal law requires drivers to record their driving information in structured driver's logs. In a trucking accident case, analysis of the log is critical. Among other things, the drivers log may be used to show violations of Federal hours-of-service regulations, intentional illegal conduct and negligent conduct. In addition to drivers logs, the qualifications of the driver, his/her training, education, experience, traffic violations, physical attributes and mental status are all factors to be considered in the determination of whether the driver and trucking company was in compliance with federal and state regulations. |
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