People injured in truck accidents do not always realize how these incidents vastly differ from other auto accidents. While resulting injuries may be far more severe due to the extreme size and weight of commercial trucks, specific state and federal regulations apply to trucks and trucking companies that, depending on the circumstances, may allow for several parties to be held liable for damages.
If you are injured in a truck accident, you may be facing a very complex legal battle if you wish to file a lawsuit. An experienced Chicago truck accident attorney could use their knowledge of trucking regulations and personal injury law to help you seek the full amount of compensation you may be entitled.
The Federal Motor Carrier Safety Regulations (FMCSR) are regulations set forth by the Federal Highway Administration which truck drivers and trucking companies must follow. Among other things, these regulations establish speed limits, hours a truck driver may work, and other laws and rules that are meant to prevent accidents and keep people safe on the roads.
If truck drivers and trucking companies disregard these regulations, it could be argued that they acted negligently. Negligence is a key factor in many truck accident cases, since a negligent person or entity may be found responsible for paying compensation to anyone that was injured as a result of their careless actions.
Because the state of Illinois adopted the FMCSR verbatim, anyone found in violation of those rules in Chicago may be found negligent, regardless of what road they are driving on. A seasoned truck accident lawyer in Chicago could determine how these guidelines apply to any specific truck crash case.
Like any other auto accident, the injured party in a Chicago truck accident must be able to show that the other party was most likely negligent, and that this negligence directly caused the accident and any resulting injuries. In a truck accident case, however, there may be multiple negligent parties, some of whom may not have even been at the scene of the accident when it occurred.
The FMCSR specifically states that trucking companies must not allow unqualified drivers to drive their trucks. They also state that trucking companies cannot coerce or threaten repercussions if a driver refuses to drive longer than is allowed by the FMCSR. If trucking companies do not comply with the regulations stated in the FMCSR, they could be found partially liable.
Of course, truck drivers themselves must also abide by the FMCSR and by local driving laws. If they fail to do so, they may be found negligent and may be held personally responsible for providing compensation to injured parties. In addition, truck manufacturers may also be held liable for injuries resulting from an accident caused by a defective part in the truck.
Truck accident cases can be some of the most complicated for injured individuals to file, as well as to argue in civil court. Trucking companies typically work against accident victims, and not everyone is aware of the regulations set forth by the FMCSR.
If you were injured in a truck accident, speak to a Chicago truck accident lawyer as soon as possible after your accident as you may be eligible for compensation. A skilled attorney could have the knowledge necessary to handle your case effectively and help you pursue compensation to help with your recovery. Call today to schedule a no-cost initial meeting with one of our attorneys and let us get started on your case.