Trucking regulations make it clear motor carriers ignoring truck driver laws may be held responsible for injury claims when negligent behavior is found. Talk to a Georgia truck accident lawyer.
Trucking regulations are in place to protect the public’s safety in the event of an accident caused by the negligence of trucking companies, also known as motor carriers. Motor carriers may be held responsible for any Georgia injury claim filed because of an accident related to the negligent behavior of hired drivers.
Whether this negligent behavior is based upon the driver’s own personal conduct or lack of mechanical upkeep on the truck being driven, motor carriers ultimately can be held accountable.
Established truck driver laws outline national safety standards, which can hold motor carriers financially responsible for accidents and injury claims.
Truck Driving Laws
Interstate trucking is governed by the Federal Motor Carrier Safety Regulations. These truck driver laws were designed to stop abuses by the interstate trucking industry that had motor carriers skirting their financial responsibilities for crashes and their subsequent injury claims.
Before these trucking regulations were instituted, many motor carriers hired only independent contractors as a way to lay an accident’s injury claim on the driver. This often left those who were hurt through the negligence of truck drivers without any means of compensation.
To address these abuses, Congress authorized a set of trucking regulations obligating a motor carrier to pay for injuries caused by its employees, including independent contractors. This means if a truck driver and a truck are contracted with an interstate motor carrier, the trucking company may be held fully responsible for the supervision of the borrowed driver as well as the maintenance and operation of the leased equipment.
Compensation for Injury Claim
To help compensate the traveling public when an accident occurs at the hands of a negligent trucking company, punitive damages may be sought in certain instances.
An example of this is impaired driving. Many trucking accidents are caused by fatigued or ill drivers. Under truck driver laws, motor carriers cannot require or permit a driver to hit the road while impaired or they may be subjected to punitive damages.
Additionally, motor carriers may be charged with punitive damages if they schedule a delivery that requires their drivers speed in order to make it to their destination on time or are allowed to exceed the maximum amount of hours for driving. Regular inspections, repairs and maintenance on trucking equipment are ordered under trucking regulations.
Motor carriers have a duty to ensure:
• inspection reports;
• driver reports; and
• repair records are filed every day by each driver.
If this is not followed and an accident occurs, punitive damages also may be awarded.
Today’s trucking regulations make it clear that motor carriers can be held liable for their independent drivers’ conduct and their truck’s mechanical maintenance while on the road. Although these guidelines are apparent, many motor carriers continue to ignore truck driver laws. If you’re a victim of a trucking accident in Georgia, you may want to speak with a personal injury attorney experienced in working with truck accidents and insurance companies.
Contact a Georgia Injury Claim Lawyer
Trucking regulations are meant to protect you from the negligent behavior of motor carriers and their hired drivers or equipment. After a serious or fatal trucking accident you and your family may be dealing with the grief of serious injury, loss of a loved one, and financial burdens. During this difficult time it’s easy to get frustrated with your situation – you didn’t deserve to suffer because of the negligence of another!
The personal injury lawyers at The Law Offices of Shane Smith are lawyers who get it; we know the frustration our clients are experiencing when dealing with trucking companies and their insurers.
Many of our clients don’t know how to hire a lawyer, that’s why we offer 2 FREE guides, I Was Hit By a Drunk Driver: What Do I Do Next? and 10 Mistakes That Can Ruin Your Georgia Wreck Case. Our guides contain valuable information on how to handle filing a claim for serious injuries or wrongful death caused by a negligent driver and how a personal injury lawyer can benefit your claim. When you’re ready to get started on your claim, contact us to set up a FREE consultation – 770-487-8999.
For more information visist us at: http://www.shanesmithlaw.com/reports/i-was-hit-by-a-drunk-driver-what-do-i-do-next.cfm, http://www.shanesmithlaw.com/reports/10-mistakes-that-can-ruin-your-georgia-wreck-case.cfm, or contact us at: http://www.shanesmithlaw.com/contact.cfm
