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How Can a San Antonio Truck Accident Lawyer Help with Federal Regulation Violations?

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What Are Federal Trucking Regulations?

The trucking industry has intricate rules and regulations set forth by the state and federal governments. Personal injury lawyers in San Antonio often affirm that the regulations are meant to protect road users and the general public by minimizing the risk of truck accidents. Some of the regulations are the following:

  • Commercial driver’s license: Drivers must have a valid CDL to operate a truck on interstate or intrastate roads.
  • Hours of service: Federal rules establish acceptable time limits for driving, including resting time. They also stipulate the drive times in adverse weather conditions.
  • Drug and alcohol testing: Trucking companies or employers must conduct drug tests on new drivers before hiring them. They may also need to do follow-up tests if a truck accident occurs.
  • Hazardous materials: The law stipulates training and permit requirements to prevent the spillage of dangerous materials.
  •  Inspections: It is a requirement to conduct performance checks on vital equipment, such as load and brake checks. The checks aim to prevent rollovers and unsafe travel.
  • Standard equipment: There are minimum requirements to enhance the safe driving of tractor-trailers on U.S. roads.

It’s crucial for those working in the trucking industry to familiarize themselves with these federal regulations and understand how they can affect them in case of an accident.

What Are Federal Regulation Violations?

Unfortunately, various parties in the trucking industry often disregard these federal trucking regulations. San Antonio truck accident attorneys highlight the following common violations:

  • Speeding: Driving at speeds higher than the legally recommended limits is unlawful. It increases the risk of losing control of the vehicle, especially in heavy traffic or adverse weather conditions.
  • Distracted driving: A truck driver’s attention should be on the road at all times. Habits such as texting, eating, or adjusting the radio are distractions that can substantially increase the risk of accidents. A driver who causes a collision due to being distracted can be held liable.
  • Driver fatigue: Violating the stipulated time limits for drivers to be behind the wheel or remain on duty can lead to accidents.
  •  Impaired driving: Driving a vehicle while intoxicated by alcohol or drugs can significantly impair a driver’s ability to safely control it and make the right decisions to prevent a crash.
  •  Inadequate training: Truck drivers who lack adequate training may be unable to handle or control large trucks properly, increasing the probability of crashing.
  • Vehicle defects and poor vehicle maintenance: Defective vehicles or parts or failure to maintain them properly can lead to mechanical failures and accidents.

Violations of federal trucking regulations often lead to severe truck accidents that cause life-altering injuries to victims. If you or your loved one were injured in a truck accident due to such violations, consult experienced truck accident lawyers in San Antonio. They can help you fight for the compensation you deserve.

What is the Role of Truck Accident Lawyer in Pursuing Compensation?

Skilled truck accident attorneys in San Antonio understand the dynamics of trucking accidents. Their involvement in navigating a compensation claim is crucial in helping you address these nuances effectively. Lawyers can hold the negligent parties liable by pinpointing and proving the violations.

Compensation claims revolve around multiple legal issues that may be complex for you to navigate. The role of truck accident lawyers includes, but is not limited to, the following:

Case Evaluation and Investigation

After you consult truck accident lawyers following an accident, they will access the case details to determine if you have a strong claim. They can also create a legal strategy to help you navigate the claim process.

In investigating the truck accident and the federal regulation violations committed, your San Antonio truck accident attorneys can:

  •  Hire an independent inspector to inspect the truck thoroughly
  • Obtain a copy of the truck’s black box data
  • Obtain the trucking company’s annual inspection records
  • Get a copy of the truck driver’s inspection reports and evaluate their personal and professional driving record, training, licensure, written or electronic documents, and criminal history.
  • Review the company’s hiring and employment records.
  • Review the company’s history of trucking regulations violations and its Compliance, Safety, and Accountability (CSA) score.

Determine Liability

The success of your compensation claim depends on how well you can determine and prove liability. San Antonio personal injury lawyers explain that various parties could be blamed for a truck accident, such as the following:

  • The truck driver, for being negligent
  • The trucking company for not conducting background checks when hiring
  • The cargo handlers for overloading the truck or not properly securing the load
  •  The truck or parts manufacturer for defective parts that malfunctioned, leading to the accident
  •  Other motorists for not paying attention to traffic rules
  • The government or its agencies for not properly maintaining the roads

File a Compensation Claim

After determining liability, your legal team will help you collect the necessary evidence and documentation to file a compensation claim with the relevant insurance provider. Pursuing compensation can be lengthy due to the back and forth with insurers. Skilled lawyers understand the process and can negotiate with the insurance company on your behalf.

However, if negotiations fail, your lawyers can help you pursue legal action by filing a personal injury lawsuit in court. The process can be more complicated, but with proper legal representation, you can recover the total compensation you deserve for your damages.

A Skilled Truck Accident Lawyer Helping You Navigate Federal Regulation Violations

The trucking industry is governed by several federal rules and regulations to keep people safe. Violating the rules can lead to accidents that can lead to permanent disabilities. As a truck accident victim, you can fight for compensation with the help of aggressive truck accident attorneys in San Antonio.

The Pelaez Law Firm has a team of dedicated personal injury lawyers who can provide the necessary legal support, counsel, and representation as you fight for your rights after a truck accident. We want you to focus on your healing and recovery as we pursue what you rightfully deserve. Call us at 210-801-9314 for a FREE consultation.

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