There are many state and federal regulations the trucking industry is required to follow that not only helps to keep the system functioning but also to ensure an accident doesn’t arise. Large commercial trucks contribute to fatal auto accidents in the city of Lancaster, CA as well as across the U.S. and they only worsen in severity when one of the safety regulations isn’t being followed through with.
If you recently engaged in an accident with a commercial truck or lost a loved one in a fatal accident in the city of Lancaster, filing a claim or lawsuit might require the help from a Lancaster, CA accident attorney who specializes in trucking incidents. There are various parties that could be held accountable depending on why the accident occurred and it is the duty of our lawyers to get to the bottom of it and hold every party liable that played a role in causing the crash.
What are some regulations that truckers must abide by in the state of California?
There are many reasons why accidents occur that involve commercial truckers. Some are shear unintentional accidents and others occur because someone was negligent, whether it was the trucker or the company they work for. Either way, it is important for a Lancaster accident attorney to identify any of the laws the trucker may have broken or the company in which he/she works for to help add to the evidence when building a claim.
Some things that may come up that could contribute to your accident lawyer building a solid case include:
- Whether the trucker was drunk or drugged while operating the vehicle.
- If the trucker violated his hours of service regulations.
- Was the cargo properly tied down?
What if the trucker who caused my accident was drunk or drugged?
This is a common occurrence as there are many truckers who have been found guilty for driving with a blood-alcohol content (BAC) level that is above the legal limit. While the general BAC limit is 0.08%, truckers are subjected to a much lower BAC limit when they are operating their vehicle. If a trucker is found guilty of driving with a BAC level of 0.04% or higher, they are going to be charged with DUI. And if they caused an accident and it has been proven that they were intoxicated, this will only help your accident and injury lawyer bring a case against the driver and possibly even the company.
What if the trucker violated the hours of service regulations?
This is yet another form of evidence an attorney might use in your favor if a trucker caused an accident and they weren’t legally permitted to be driving. Because truckers travel across state and are carrying heavy cargo, the Federal Motor Carrier Safety Administration states that they can drive 11 hours each day so as long as they have had 10 consecutive hours off duty. Truckers are also not permitted to drive after 60 hours in seven days in a row or 70 hours in eight days in a row. This prevents them from getting behind the wheel fatigued which is another common cause of accidents today.
Now, there are several other federal and state regulations that might help support the claim you are looking to file against a negligent trucker and the best way to become more informed is to sit down with one of our accident lawyers in Lancaster, CA and discuss this with them.
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