Sharing the road with 18-wheelers and other heavy commercial vehicles can be intimidating. Although these large vehicles are important to Olive Branch’s economy and make many trips safely, they occasionally cause accidents. Unfortunately, when they do, the increased size and weight of these trucks compared to most other cars on the road means that the damage can be considerable.
When you are injured because a semi-truck failed to comply with federal trucking laws in Olive Branch, you deserve fair compensation. Although obtaining that compensation can be a long and rigorous process, an experienced truck crash attorney at the Law Office of David E. Gordon can use their experience to protect your legal rights and obtain the payments you need to cover your losses.
What Are Federal Trucking Laws?
The Federal Motor Carrier Safety Administration (FMCSA) is an agency of the federal government within the Department of Transportation (DOT) that seeks to make commercial vehicle operations safer across the nation. It passes federal laws that apply to all trucks that engage in interstate commerce no matter where they are in the country, including in Olive Branch. Among many other requirements, some important laws passed by the FMCSA include:
- 49 CFR § 395.3 – this statute provides hours-of-service rules that prevent truck operators from being on the road too long without adequate rest
- 49 CFR § 396.3 – which provides that all 18-wheelers and any equipment must be inspected and repaired regularly by both the trucking company and the equipment’s provider
- 49 CFR §380.609 – this, along with other statutes, provides minimum requirements for the training and licensing of truck operators
- 49 CFR § 382.201 – prohibits any driver from working a shift with a blood alcohol concentration of 0.04 or higher
- 49 CFR § 382.207 – prohibits any driver from starting a shift within four hours of drinking alcohol, regardless of blood alcohol concentration
- 49 CFR § 392.80 and 49 CFR § 392.82 – prohibit any driver from texting or using a hand-held cell phone while driving a commercial vehicle, respectively
- 49 CFR § 106 – this and surrounding sections provide requirements to ensure that all cargo on an 18-wheeler is firmly secured with structures or tiedowns of appropriate strength and durability
These laws are intended to prevent unsafe actions and promote safe ones; therefore, breaking these laws will subject a driver or trucking company to penalties. These laws do not directly provide any benefit to the people who are hurt when trucking companies or drivers act irresponsibly. However, a skilled attorney like David E. Gordon can use a violation of these laws as evidence of negligence in a personal injury case, which can result in an injured person receiving compensation for their losses.
Who Is Responsible for a Tractor-Trailer Collision?
As the above federal laws demonstrate, many different people and entities can be involved in the process of sending an 18-wheeler through Olive Branch. After a wreck, it may be difficult for an injured person to know who is responsible—the improper or negligent action may have occurred weeks beforehand by someone who was not even at the scene of the crash.
For example, people who could be responsible for a truck crash include:
- The truck driver
- The trucking company
- The truck’s maintenance company
- The cargo shipper or loader
- The truck’s designer or manufacturer
David E. Gordon, a board-certified personal injury lawyer, can help a person injured by a commercial truck investigate the accident and analyze the situation to identify the person or entity whose actions caused the wreck and hold them responsible.
Contact an Olive Branch Attorney with Experience Applying Federal Trucking Laws to Accidents
After a traumatic accident with an 18-wheeler, you will likely have a lot on your plate: managing your physical recovery, organizing and paying medical expenses, and dealing with missing time at work are no small tasks. You should not have to worry about navigating the legal system to receive the compensation you deserve for your losses. David E. Gordon has experience using federal trucking laws in Olive Branch accidents to protect his client’s rights.
Schedule a free initial consultation today to discuss your case.
