How FMCSA Truck Regulations Can Affect Your Case
The Chicago truck accident attorneys of The Horwitz Law Group in Chicago know that truck accidents must be handled differently from typical car accident claims in order to obtain full compensation for the injured.
The trucking industry is heavily regulated. The Federal Motor Carrier Safety Administration regulates everything from how long a driver can remain behind the wheel to what safety markings a truck must display. The state of Illinois adds its own rules and requirements to the FMCSA regulations.
When a truck driver or trucking company fails to comply with all state and federal regulations, and someone is harmed because of this negligence, the driver or company can be held liable for damages in a truck accident injury claim.
Punitive Damages in Truck Accident Claims
In some cases, we will pursue punitive damages against a driver or trucking company who failed to comply with trucking regulations. Punitive damages are those meant to punish the defendant and to serve as a warning to others. Punitive damages are awarded in addition to compensatory damages — those meant to compensate the injured person for losses.
Unless your lawyer thoroughly understands state and federal trucking regulations and how they can be used in truck accident litigation, he or she could be leaving money on the table.
To learn more about how we can assist you in a truck accident claim, please contact our federal trucking regulations lawyers by e-mail or call 312-641-9200. The initial consultation is free of charge. You will pay no legal fees unless we obtain financial compensation in your truck accident claim.
Federal Motor Carrier Safety Administration Regulations for Trucks, Trucking Companies and Drivers:
- Size and weight, route designations — length, width and weight limitations
- Procedures for transportation workplace drug and alcohol testing programs
- Compliance with interstate motor carrier noise emission standards
- Commercial motor carrier safety assistance program
- Compatibility of state laws and regulations affecting interstate motor carrier operations
- Motor carrier routing regulations
- Fees for motor carrier registration and insurance
- Rules governing applications for operating authority
- Designation of process agent
- Standards for registration with states
- Application for a certificate of registration to operate in municipalities in the United States on the United States-Mexico international border or within the commercial zones of such municipalities.
- Reports of motor carriers
- Principles and practices for the investigation and voluntary disposition of loss and damage claims and processing salvage
- Brokers of property
- Exemptions, commercial zones, and terminal areas
- Receipts and bills
- Passenger carrier regulations
- Transportation of household goods in interstate commerce; consumer protection regulations
- Lease and interchange of vehicles
- Payment of transportation charges
- Procedures governing the processing, investigation, and disposition of over-charge, duplicate payment, or over-collection claims
- Preservation of records
- Special training requirements
- Waivers, exemptions, and pilot programs
- Controlled substances and alcohol use and testing
- Commercial driver’s license standards; requirements and penalties
- State compliance with commercial driver’s license program
- Safety fitness procedures
- Rules of practice for motor carrier, broker, freight forwarder, and hazardous materials proceedings
- Minimum levels of financial responsibility for motor carriers
- Cooperative agreements with states
- Rulemaking procedures—federal motor carrier safety regulations
- General
- Qualifications of drivers and longer combination vehicle (LCV) driver instructors
- Driving of commercial motor vehicles
- Parts and accessories necessary for safe operation
- Hours of service of drivers
- Inspection, repair and maintenance
- Transportation of hazardous materials; driving and parking rules
- Transportation of migrant workers
- Employee safety and health standards
- Vehicle identification number requirements
- Motor carrier vehicle safety standards