It is no secret that the enormous weight
and size of semi-trucks can lead to accidents that cause serious injuries or
even death. For the most part, commercial truck accidents differ from
traditional car and vehicle accidents in several ways.
In addition to that thought or sentiment,
there are several players that could be involved in the legal process and an
equal number of factors that could be attributed to an accident. Driver fatigue, drug and alcohol use,
and overloading, are only a few of the contributing factors for which there are
many rules and regulations in place.
Although state laws may vary slightly,
there are many common rules and regulations for semi-trucks and other large
commercial vehicles that must be adhered to by every trucking company across
the nation. This is where Little Rock, Arkansas truck accident lawyers like Sheila
Campbell come into the picture.
Semi-truck
regulations
There are various laws and regulations
designed for semi-trucks as well as drivers. These consist of federal
regulations such as Department of Transportation or Department of Homeland
Security rules and state laws. Knowledge
of such regulations is vital in cases involving truck accident since a breach
of these regulations can cause an accident. In case you are involved in an
accident involving a semi-truck, any violation of a regulation can help you
establish negligence.
The
most important regulation
The most significant regulation meant
for truck drivers and also their conduct is the FMCSA or Federal Motor Carrier
Safety Administration’s “Hours of Service regulations” Section 395.3.8. You do
not have to this law memorized since Central, Arkansas truck accident attorneys
already know about this law. You will not be tested on this law, you can hire someone
who has already passed this test on this law and many more like it.
Maximum
driving hours
- Truck drivers must not begin a shift without a minimum of 10 hrs of continuous rest
- Following the minimum hours of rest a driver can begin a 14 hour shift
- Out of the 14 hours, a driver must not drive the truck in excess of 11 hrs
- Out of these 11 hours, there must not be a maximum of 8 hrs of continuous driving
- The driver must not operate a semi-truck more than 60 hrs in a week or 70 hrs in 8 days.
Federal law stipulates that all truck
drivers should record their driving hours as well as rest time. Under the circumstances,
the more you wait to follow your claim, the better your chances of the driver
losing, misplacing, or even destroying these records. Your future Little Rock,
AR truck accident lawyer, such as Sheila Campbell, will inform you that the
important records are the driver’s logs and cell phone and vehicle maintenance
records since they can prove to be vital evidence when determining liability.
What
to do after a truck accident
The very first thing to do is to get
medical treatment if you are injured. The next step is to gather evidence from
the place of accident, and if you are unable to do it, ask someone who is close
to you to do that for you or just rely on the police report but in all
fairness, you want to compile your own case that bolster’s the police report.
Collect
evidence
You should collect names, photographs,
phone numbers of witnesses, and what they saw. Make every attempt to obtain an
ID as well as gather the insurance data from every party involved. Remember, if
you are involved in an accident with a heavy truck, you might have to compete
against a large corporations with considerable resources in this legal battle.
Get all the information possible on the trucking company. Photographs can help
provide evidence of the road conditions and property damage to your car and
anything else that was damaged.
Soon after the truck accident, the truck
driver’s and the trucking company’s insurers will send legal professionals and
insurance adjusters to collect evidence and to begin to build a defense to
combat your claims. If you do not have any legal help working on your behalf,
you will find yourself at a disadvantage. Therefore, make sure to speak with a
Central Arkansas truck accident lawyer immediately. Do not sign any paperwork
with anyone until you speak with a legal representative.
You should never admit responsibility for the
accident and do not discuss the case with any person including any
witnesses or even your own family members. In addition, refrain from giving a
recorded statement to the insurance adjuster or police. Certainly not any
insurance adjuster, not until you are well represented by a fantastic lawyer
like Sheila Campbell. She is one of the best lawyers in the entire Little Rock
area. She knows the law and the system and knows how to represent her clients.
She is not paid until you are paid for
the most part and if you have a viable case, give her a call.
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