What Happens When Truck Drivers Violate Laws and Regulations
When commercial truck drivers fail to comply with all laws and regulations, accidents can happen. It is important for victims of these crashes to have the right Spring, TX truck accident attorney representing their rights.
Commercial truck drivers have an essential job and also a huge responsibility, as they operate the largest and heaviest vehicles on our roads and highways. For this reason, the federal government and individual states have additional requirements and restrictions from truck drivers than other drivers. Federal regulations are enacted and enforced by the Federal Motor Carrier Safety Administration (FMCSA). Traffic laws are enacted and enforced on the state level.
If a truck driver violates a law or regulation, they can create dangerous situations that lead to serious crashes and injuries. If you believe a truck driver was responsible for causing your injuries, you should discuss a possible case with a Spring, TX truck accident lawyer.
Common Violations that Lead to Crashes
First and foremost, all truck drivers should complete all the requirements to receive their commercial driver’s license before they operate commercial trucks. Their training should make them fully aware of all regulations that apply to them when they are on the road. Unfortunately, many drivers make errors or decisions that violate the law and cause accidents.
Some common violations that result in collisions include:
- Exceeding hours of service restrictions
- Not completing pre-trip inspections
- Using a handheld device while driving
- Having unauthorized passengers in the truck
- Missing mud flaps or underride guards
- Driving over the speed limit or too fast for conditions
- Improper lane changes
- Failing to yield the right-of-way
- Tailgating and other forms of aggressive driving
- Driving while impaired or with a blood alcohol level over 0.04 percent
After a truck accident, you should always call 911 so law enforcement authorities will arrive. This is important because if the truck driver violated the law, officers should issue citations or write reports for the FMCSA officials to investigate. In some cases, such as drunk or drugged driving, officers can place the truck driver under arrest, and they can face criminal charges. The penalties can be harsher if the violation caused bodily injury to others.
Using Violations to Prove Liability
Citations and criminal charges are intended to punish the truck driver for the violation, but they don’t do much to help victims who were injured as a result of the offense. However, there are other ways that a conviction of a violation can help your case.
When someone is found to have violated a safety law – such as a trucking regulation or traffic law – and it led to an accident, the law considers that party to be “negligent per se.” In this situation, you do not have to provide any additional evidence of negligence besides the conviction. This can make proving your case significantly easier, and your lawyer will then focus on proving your damages.
Contact a Spring, TX Truck Accident Attorney Right Away
Because they involve so many additional regulations, truck accident cases can be particularly complicated. You want a Spring, TX truck accident lawyer from Holladay Law Firm handling your case. Call 1-800-900-3319 or contact us online for a free case evaluation as soon as possible.