A truck accident can turn one's life upside down in the blink of an eye, leaving the
victims with injuries, debts, and emotional trauma. In the wake of such a tragic
incident, one’s priority will be that the offenders get punished and are
compensated fairly.
This is where the 18-wheeler accident lawyers come in as indispensable helpers
who lead victims through the intricate legal process and plead vigorously for
them.
These attorneys, with the ability to uncover the nuances of both federal and state
laws, are key to maximizing the compensation that is provided to the victims of
truck accidents.
In this article, we will look at some of the federal and state laws that help regulate
and ensure the safety of the trucking industry.
Basic of Federal Laws That Regulate Trucking Industry
Federal laws are the main tool for maintaining safe and proper trucking
regulations in the United States.
Federal Motor Carrier Safety Regulations (FMCSR):
The FMCSR involves a vast number of safety regulations that ensure that all
aspects of commercial vehicle operation are conducted safely. These regulations
cover from vehicle maintenance and inspection protocols to employee
qualifications and training routines.
Hours of Service (HOS) Regulations:
The regulations for HOS (hours of service) are aimed at decreasing the risk of
truck accidents caused by driver fatigue, which is known as a common cause of
truck crashes. These rules set the limitations regarding the number of hours of
driving that commercial truck drivers can do in a certain timeframe and require
having rest breaks and off-duty periods that are intended to allow appropriate
rest and recuperation.
Commercial Motor Vehicle Safety Act (CMVSA):
The CMVSA mandates unified regulations for commercial driver's license (CDL)
applications and guarantees that all commercial truck drivers are able to
competently maneuver their vehicles by having the appropriate skills and
qualifications.
For the implementation of this legislation, first-time commercial drivers must get
through all-inclusive training classes and pass tough tests to be issued with their
CDLs.
Compliance, Safety, Accountability (CSA) Program:
The CSA program is a proactive safety enforcement initiative, utilizing its own
data, targeting motor carriers and drivers with a safety rating below a certain
level.
The CSA program strives to create a system that enables accurate monitoring,
measurement, and timely intervention in order to enhance compliance with
safety regulations.
What Role Do State Laws Play in the Trucking Industry?
Vehicle Size and Weight Limits:
cars using their roads.
The restrictions are put in place to ensure that the infrastructure, including
bridges and roads, will not experience extreme wear and tear over time and that
everybody is safe on the road.
State laws stipulate the maximum permitted length and weight for trucks and
their trailers & cargo, as well as regulations for axle weight distribution and so
on.
Through this measure, the states seek to mitigate the risk of collisions due to
overloaded and incorrectly loaded trucks, which may have an effect on the
trucks' stability and braking capacity.
Licensing and Registration Requirements:
The individual states have their own requirements on licensing and registration
for commercial drivers and vehicles that they allow to operate within their
borders.
This involves the setting up of these regulations covering applications for CDL
and the registration of commercial motor vehicles. State motor vehicle
departments (DMVs) see to the receiving of CDL exams and the issuance of
licenses, requiring drivers to pass mandatory minimum requirements such as
age, medical, and driving records.
Similarly, states mandate that commercial vehicles be registered and have valid
tags coupled with the fees often calculated based on vehicle weight and
frequency of use.
Traffic Laws and Enforcement:
States apply traffic regulations intended for all vehicle types, including trucks to
ensure that motorists drive safely and avoid accidents.
They are aimed at providing a legal framework for traffic regulations, including
those on speed limits, traffic signals, lane usage, and the rules of the road.
State law enforcement agencies not only have the duty to inspect compliance
with these regulations but also to carry out routine patrols, roadside checks, as
well as targeted enforcement in order to fulfill this commitment.
Liability and Insurance Regulations:
The laws of the state are largely responsible for the questions of liability and
insurance in truck accidents. They define the process of determining who was at
fault, compensation for damages, and resolution of legal disputes.
These laws differ from state to state but in general, outline the legal rules of
proof for the claimants to sue the truck manufacturers or drivers for the
accident.
Comments