Truck Accident Law
This has developed into a defined field within personal injury law, but distinct from Car/Auto Accident law for various reasons. These types of accidents can be very devastating due to the size of these big rigs, up to 80,00 pounds for a fully loaded semi. Additionally, the trucking industry is highly regulated by state and federal laws, codes and regulations. The standards established by this heavy regulation often determine the responsible party in a trucking accident, since professionals throughout this field must follow them.
Title 49 of the Code of Federal Regulations is the leading source of federal trucking industry governance. The Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT) are among the federal agencies that regulate the trucking industry. Every state also has a state level Department of Transportation which also enforces the state’s trucking laws. States regulate the height, width, length or weight of any truck, semitrailer truck or trailer under maximum limits prescribed by law. Interstate and intrastate trucking companies must be in compliance with Federal Motor Carrier Safety Regulations, Federal Hazardous Materials Regulations, as well as any state regulations.
No matter what type of accident has resulted in injury and/or property damages, the chief goal in a personal injury claim is to prove liability. In vehicular accidents, it’s generally important to demonstrate that the driver was negligent because he/she failed to exercise reasonable care. The key difference with trucking accident claims though is in the ability to recover damages from insurance companies due to the trucking company’s, employer’s and/or contractor’s potential liability.
Many of the state and federal trucking regulations set limits on work hours for truck drivers and on how long a driver can continue driving with no rest. If it is determined that the truck driver violated these safety rules, it could show negligence and the carrier who employs him may be found liable for the accident under a doctrine of “respondeat superior”. This is a common law doctrine that makes an employer responsible for the actions of an employee, agent, or subordinate, when the actions take place within the scope of their assigned duties. If the truck driver is an independent contractor, it may be necessary to find liability against the employer on other legal theories. However, under current federal law, any company owning a trucking permit is responsible for all accidents involving a truck that has its placard or name displayed on the vehicle, regardless of what the truck lease states with the owner/operator or whether the driver is an employee or an independent contractor.
To consult Motor Vehicle laws and regulations in your State visit our Department of Motor Vehicles by State page. Visit Us at Google+ Copyright HG.org
Trucking Accidents Law - US
- CFR - Transportation - Hours of Service of Drivers
(a) General. (1) The rules in this part apply to all motor carriers and drivers, except as provided in paragraphs (b) through (q) of this section. (2) The exceptions from Federal requirements contained in paragraphs (l) and (m) of this section do not preempt State laws and regulations governing the safe operation of commercial motor vehicles.
- Commercial Driver Licensing and Commercial Motor Vehicles - State Laws and Regulations
The federal rules for commercial driver licensing and commercial motor vehicles apply to each state. Nevertheless, each state has the authority to modify the regulations within certain parameters. In this section you will find state specific statutes, regulations and some applicable case law.
- Commercial Vehicle Enforcement Unit
In 1997, the New York State Police consolidated three existing traffic safety details - Motor Carrier Safety, HazMat, and Scales - into one unit, dedicated to removing unsafe trucks from the state's roadways: the Commercial Vehicle Enforcement Unit. All NYSP troopers work to ensure the safe operation of commercial vehicles on New York's roadways. Their enforcement efforts have helped make New York's commercial vehicle safety record one of the best in the nation.
- Commercial Vehicle Size and Weight Standards - US Department of Transportation
Federal interest in preserving highways goes back to the enactment of the Federal-Aid Highway Act of 1956, which authorized the Interstate and Defense Highway System. To preserve our Nation's infrastructure and to keep trucks and buses moving efficiently, states must ensure that commercial motor vehicles comply with federal size and weight standards. FHWA is responsible for certifying state compliance with Federal standards. This site provides a ready source of information on Federal standards and guidelines, state enforcement activities, reporting requirements, and contacts.
- Federal Hazardous Materials Transportation Law - DOT
The Pipeline and Hazardous Material Safety Administration Office of Hazardous Materials Safety (OHMS) is the Federal safety authority for ensuring the safe transport of hazardous materials (hazmat) by air, rail, highway, and water, with the exception of bulk transportation of hazmat by vessel. OHMS promulgates a national safety program to minimize the risks to life and property inherent in commercial transportation of hazardous materials.
- Federal Motor Carrier Safety Administration - Rules and Regulations
The Federal Motor Carrier Safety Administration (FMCSA) is focused on reducing crashes, injuries, and fatalities involving large trucks and buses.
- Federal Motor Vehicle Safety Standards - Air Brake Systems
This standard applies to trucks, buses, and trailers equipped with air brake systems.
- Government Affairs Department - California Trucking Association
The goal of the Government Affairs Department at CTA is to advocate and influence potential legislative proposals, laws, regulations and public policies impacting the trucking industry in California. In order to achieve our goals, staff works to develop strong relationships with policy and opinion makers inside the state capitol along with our CTA lobbyists.
- Safe Highways and Infrastructure Preservation Act
To amend titles 23 and 49, United States Code, concerning length and weight limitations for vehicles operating on Federal-aid highways, and for other purposes.
- Transportation Security Administration
We are the Transportation Security Administration, formed immediately following the tragedies of Sept. 11. Our agency is a component of the Department of Homeland Security and is responsible for security of the nation's transportation systems.
- US Commercial Driver's License and Driver Qualifications
Since 1992, all drivers of commercial motor vehicles in the United States have been required to hold a Commercial Driver’s License. Commercial motor vehicles include large trucks, vehicles carrying hazardous materials, transit buses, school buses, over-the-road motorcoaches, and other vehicles designed to transport 16 or more passengers, including the driver. While the federal government does not require an individual to hold a CDL in order to operate a van or other vehicle designed to hold between 8 and 15 passengers, some states have adopted this requirement and several of the other driver qualification requirements.
- Vehicle and Driver · Washington State Patrol's Commercial Vehicle Enforcement
The Washington State Patrol's Commercial Vehicle Division strives to make Washington roadways the safest in the nation. Through education and enforcement, the mission of the division is to ensure compliance of the commercial motor vehicle regulations in order to protect resources, prevent accidents, and save lives.
Trucking Accidents Law - Europe
- DRI Europe - Trucking Law Committee
From the outset, the Trucking Law Committee leadership envisioned creating a committee dedicated to addressing the concerns of the trucking industry. Over the years, the committee addressed those needs by producing seminars, writing articles for the committee perspective issues of For The Defense dedicated to trucking law, a periodic newsletter to keep our members and clients informed about current developments and a compendium of the law of spoliation for all fifty states, the federal courts and U.S. territories. The Committee also held its first teleconference addressing hours of service requirements and driving fatigue issues. On the horizon we plan to work with other DRI committees to produce additional projects of interest to our committee members and clients.
- European Working Conditions Observatory (EWCO)
The new European rules on driving and rest time in road transport have led to an increased number of rest periods, but also to concerns and unwanted side effects. This is the main conclusion of research undertaken by the Flemish Foundation STV – Innovation and Work. On the basis of the study’s results, the Belgian sectoral social partners are calling for more flexibility in implementing the rules and better harmonisation of the controls between the Member States.
- Heavy-Duty Diesel Truck and Bus Engines Emissions - Europe
European emission regulations for new heavy-duty diesel engines are commonly referred to as Euro I ... VI. Sometimes Arabic numerals are also used (Euro 1 ... 6). We will use Roman numerals when referencing standards for heavy-duty engines, and reserve Arabic numerals for light-duty vehicle standards.
- The First Pillar of the Intelligent Car Initiative - eSafety
eSafety, the first pillar of the Intelligent Car Initiative, is a joint initiative of the European Commission, industry and other stakeholders. It aims to accelerate the development, deployment and use of Intelligent Vehicle Safety Systems that use information & communication technologies to increase road safety and reduce the number of accidents on Europe's roads.
Trucking Accidents Law - International
- C.R. England - Truck Driving
C.R. England’s first truck driving priority is safety and the goal of our Safe Driving Department is to prevent major accidents or “critical crashes.” To successfully accomplish this objective, we’ve created the following training and management programs.
- List of Road Transportation Acts - Canada
Transport Canada administers a number of Acts (laws) related to transportation. It also assists with the administration of many others. Access to the full text of federal Acts and Regulations is provided by the Department of Justice Canada, which is responsible for maintaining the Consolidated Statutes of Canada. Please read the note from the Department of Justice Canada.
- Monash University Accident Research Centre (MUARC) - Australia
Monash University Accident Research Centre (MUARC) is Australia’s largest injury prevention specialist.
- Transportation Working Group - Asia Pacific
The Transportation Working Group (TPTWG) aims to achieve the liberalisation of transportation services and works to enhance the safety of APEC transport systems to encourage economic development in the Asia-Pacific region. It aims to balance security, safety and environmental requirements with trade facilitation and its efforts are focused on: the facilitation of domestic policy regulations; the development of intermodal supply chains and secure transport activity; the integration of Corporate Social Responsibility; and building the capacity of all stakeholders to help them reach the eventual goal of free and open trade. At the same time, parallel measures are being undertaken by individual economies to strengthen the security of all transportation modes - land, sea and air.
Organizations Related to Trucking Accidents Law
- American Association of Motor Vehicle Administrators (AAMVA)
The American Association of Motor Vehicle Administrators (AAMVA) is a tax-exempt, nonprofit organization developing model programs in motor vehicle administration, law enforcement and highway safety.
- American Society of Transportation and Logistics (ASTL)
ASTL is a professional organization founded in 1946 by a group of industry leaders to insure a high level of professionalism and promote continuing education in the field of transportation and logistics.
- American Truck Historical Society (ATHS)
The American Truck Historical Society was formed to preserve the history of trucks, the trucking industry, and its pioneers.
- American Trucking Association - ATA
Official web site of the national image and advocacy organization for the US trucking industry. Includes news of interest to truck drivers and owners.
- Bureau of Transportation Statistics
Comprehensive site for all things related to transportation in the U.S.
- Commercial Vehicle Safety Alliance (CVSA)
CVSA is an international not-for-profit organization comprised of local, state, provincial, territorial and federal motor carrier safety officials and industry representatives from the United States, Canada, and Mexico. Our mission is to promote commercial motor vehicle safety and security by providing leadership to enforcement, industry and policy makers.
- Federal Motor Carrier Safety Administration (FMCSA)
The Federal Motor Carrier Safety Administration (FMCSA) is focused on reducing crashes, injuries, and fatalities involving large trucks and buses.
- Intelligent Transportation Society of America (ITS America)
The Intelligent Transportation Society of America (ITS America) was established in 1991 as a not-for-profit organization to foster the use of advanced technologies in surface transportation systems. We are the leading advocate for technologies that improve the safety, security and efficiency of the nation's surface transportation system.
- Owner-Operator Independent Drivers Association
The mission of the Owner-Operator Independent Drivers Association, Inc. is to serve owner-operators, small fleets and professional truckers; to work for a business climate where truckers are treated equally and fairly; to promote highway safety and responsibility among all highway users; and to promote a better business climate and efficiency for all truck operators.
- Professional Truck Driver Institute (PTDI)
Since 1986, the Professional Truck Driver Institute (PTDI) has been working with the carriers, truck driver training schools, insurance industry, and government to make safety a #1 priority in the trucking industry.
- Truck Safety Coalition
The Truck Safety Coalition is dedicated to reducing the number of deaths and injuries caused by truck-related crashes, providing compassionate support to truck crash survivors and families of truck crash victims, and educating the public, policy-makers and media about truck safety issues.
- Underride Network
The Underride Network is an organization of truck safety experts and victim/survivor volunteers working to educate the public and industry to the dangers of truck and trailer underride crashes and to promote the crash compatibility of all motor vehicles.
Publications Related to Trucking Accidents Law
- Highway Studies and Special Reports - NTSB
Case summaries of heavy truck accident investigations.
- Transport Expertise Association - Publications
In early 2008, Matthieu Desiderio created Transport Expertise, an innovative and unique website dedicated to the “transport sphere”; providing its readers with topical news, case studies, and analysis using a comparative “touch of French-American way of thinking” on how transport is managed in both countries.
- Transportation Research Board (TRB) Publications about Law
TRB’s varied activities annually engage more than 7,000 engineers, scientists, and other transportation researchers and practitioners from the public and private sectors and academia, all of whom contribute their expertise in the public interest by participating on TRB committees, panels, and task forces. The program is supported by state transportation departments, federal agencies including the component administrations of the U.S. Department of Transportation, and other organizations and individuals interested in the development of transportation.
- Truck News Site in Canada
Canadian website and magazine publishing information and content on truck news, trucking regulations, etc.
Articles on HG.org Related to Trucking Accidents
- Missouri Man Injured & Ejected from Vehicle in Semi-Truck AccidentLast June a Missouri man sustained moderate injuries when he was involved in an accident with a semi-truck on Missouri Route 79 near Hancock St. in Foley, Missouri. The accident happened on June 19, 2012 around 10:30 am.
- Recent Car Accidents In Florida And Michigan Result In Multiple FatalitiesCar accidents are an unfortunate fact of life for most people. Often these accidents are minor, resulting a minor injuries. However, serious car accidents occur every single day. Unfortunately many of these accidents are fatal.
- The Importance Of Filing A Police Report After A Car AccidentOftentimes people assume that they do not have to file a police report if they are involved in a minor accident. But if you plan to seek compensation, filing a police report strengthens your case.
- Caffeine as the Safest and Most Effective Solution to Truck Driver FatigueDespite the pressure to most truck drivers to deliver in a timely manner over very long distances, the solution to staying awake and free from fatigue may be as simple as a cup of coffee, as reflected in the results from a recent Australian research. Instead of taking harmful prescription drugs that may lead to side effects and even road accidents, it may be better for truck drivers to limit their solutions to regular intake of caffeine.
- Semi Truck Scares Interstate Drivers in Wrong LaneThe driver of a semi truck got lots of attention on the morning of March 18th, 2013 when he drove for about 10 miles in the wrong direction on an interstate. Police dispatchers were first alerted to the wayward semi a little after four in the morning, when motorists began calling in handfuls to report the truck, which many reported forced them to swerve in order to avoid a collision.
- Semi Truck Driver's LiablilityA speeding trucker is responsible for causing a chain reaction that caused traffic to back up for hours. According to reports, the at fault semi truck driver was navigating a ramp too fast when the truck tipped onto its side and slid across the highway, blocking every lane on that side of the expressway.
- Bicycle and Large Truck Fatalities Increase, While National Traffic Fatalities FallEven though last year traffic fatalities dropped to their lowest level since 1949, bicycle and large truck deaths are on the rise, and not by a small amount. While overall traffic-related deaths down 1.9%, bicyclist deaths are up 8.7% and large trucks fatalities are up 20% from the previous year.
- Drowsy Driving – Common Cause of Semi-Truck AccidentsLack of sleep is a common cause of big rig accidents. The US Department of Transportation estimates that up to 28% of truck drivers could have sleep apnea. With a heightened awareness of the problem, regulatory precautions are likely in the near future.
- Fatal Car Accident Statistics Based on Time of DayFatal car accident statistics can show the time of day in which most crashes occur.
- Major Causes of Semi-Truck AccidentsApproximately 5000 people die in semi truck accidents each year in the United States. Most of those victims were in passenger cars and pickup trucks which were struck by a big rig. This article discusses the three major causes of semi truck accidents.
- All Motor Vehicles Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Motor Vehicles Law including: auto dealer fraud, automobile accidents, automotive, bus accidents, lemon law, motor vehicle accidents, motorcycle accident, railroad accidents, rollover accident, traffic violations, trucking accident.