Our Philadelphia truck accident lawyer represents people injured in truck accidents due to truck driver or truck company negligence or defective trucks. Federal and state regulations govern drivers, trucking companies, and manufacturers of trucks and truck components. Violations of these standards, other negligence, and / or other truck defects can result in liability for truck accident victims’ injuries.
Accidents Caused by Negligent Truck Drivers and Truck Companies
Both truck drivers and trucking companies can be liable for accident injuries caused by violations of applicable regulations and other negligence. Federal Motor Carrier Safety Regulations (FMCSR), which include Hours of Service Regulations, apply to most drivers of large commercial motor vehicles (CMV) and the companies that employ or dispatch them.
These include strict rules regarding:
- maximum number of hours a driver is allowed to drive in one stretch
- consecutive hours off-duty
- rest breaks
A truck driver who violates these and other FMCSR can be liable for truck accident injuries resulting from those violations. A trucking company that requires or induces its drivers to violate these rules can be liable for the same injuries.
Truck drivers and trucking companies can also be liable for truck accident injuries caused by negligence that does not involve an FMCSR violation. Other negligence that can lead to driver or company liability may include:
- disobeying speeding and other traffic laws
- driving while fatigued or under the influence of narcotics or alcohol
- negligent loading
- negligent stopping at roadsides
- negligent hiring and training of drivers
- negligent inspection, repair, and maintenance of trucks
Accidents Caused by Defective Trucks
Federal Motor Vehicle Safety Standards (FMVSS) govern the manufacture of trucks and truck components. Manufacturers of trucks with defects resulting from FMVSS violations can be liable for accidents caused by the defects. FMVSS are minimum federal standards for truck and truck component manufacture. For this reason, manufacturers can also be liable for accidents caused by defects other than those resulting from FMVSS violations. Truck defects that may lead to truck manufacturers’ accident and injury liability in cases handled by a Philadelphia truck accident lawyer include:
- faulty brake systems
- defective tires
- faulty lamps, mirrors, and reflective devices
- defective stability control systems
- faulty stopped vehicle warning devices
- defective steering systems