How Federal Regulations Impact Truck Accident Lawsuits
The FMCSA regulates the U.S. trucking industry by issuing and enforcing regulations. These rules govern the duties and responsibilities of trucking carriers and truck drivers. Trucking companies and drivers must comply with the federal regulations issued by the FMCSA or risk enforcement actions.
Trucking regulations are found in 49 CFR Part 300 – 399 and control numerous aspects of the transportation industry. When trucking carriers or drivers violate these regulations, they increase the risk of serious accidents.
A few examples of trucking regulations include the following:
Let’s dig a little deeper into how federal regulations impact truck accident lawsuits . . .
Regulatory Violations and Negligence Claims
Most injury claims involve negligence causes of action. To prove a negligence claim, plaintiffs must prove the following legal elements by a preponderance of the evidence:
- Duty owed by the defendant to the plaintiff
- Defendant’s breach of the duty of care
- Causation of the injury by the breach
- Calculable damages resulting from the defendant’s actions
When a defendant violates the law, including a regulation, and the violation leads to the plaintiff’s injuries, the plaintiff will not have to prove the defendant’s breach of the duty of care. Instead, the regulatory violation is considered negligence per se, which means that jurors can treat it as negligence. Not having to prove the defendant’s negligence makes it easier to prove a claim and recover compensation.
Even though FMCSA regulations are not criminal laws, they still can be used to establish the defendant’s negligence per se. For example, if the trucking carrier failed to properly maintain the truck according to FMCSA regulations and caused an accident because of the maintenance failures, the plaintiff will simply need to show that the company violated the maintenance regulations without having to prove the company was negligent.
Importance of Establishing Regulatory Violations
Showing the defendant violated federal regulations can help you establish the defendant’s liability and the company’s vicarious or direct liability. Trucking carriers are vicariously liable for the negligent actions of their employees while they are working. This means that if the truck driver negligently caused your accident by committing a regulatory violation, the driver’s employer will be responsible for paying damages.
Trucking carriers must carry insurance with much higher policy limits than the required auto insurance liability coverage for passenger vehicles. Plaintiffs in trucking accident lawsuits will often recover much more money than those who are injured in passenger vehicle collisions. In many cases, trucking carriers will try to settle truck accident lawsuits when regulatory violations are involved instead of risking a loss at trial. An experienced truck accident lawyer will carefully review the evidence and the Code of Federal Regulations to identify regulatory violations that might have occurred.
Contact Ellis & Associates
If you suffered severe injuries in an accident involving a large truck, you might have legal rights to recover compensation for your losses. The attorneys at Ellis & Associates can analyze the evidence and explain the legal options you might have. Call us for a free consultation today at 800-MR-ELLIS.