Unfortunately, as Orlando car accident lawyers we see truck wrecks becoming too common on our roads. The result, in part, has caused the public to become more educated about the laws and regulations pertaining to tractor-trailers involved in truck accidents and the regulations that truck accident lawyers rely upon in assisting clients.
The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all vehicles engaged in interstate traffic. These are the regulations that truck accident lawyers consider depending upon the circumstances of a particular case. For example, if drugs or alcohol may be involved as a reason for your client’s car being struck by a tractor-trailer, then your truck accident lawyer will consider not only state law, but also 49 CFR 382: Controlled Substances and Alcohol Use and Testing.
The function of 49 CFR 382 is to establish programs within trucking companies designed to prevent accidents and injuries resulting from impairment due to the use of alcohol or drugs by drivers of commercial motor vehicles. This part applies to all who drive a commercial motor vehicle in the United States and their employers including any employer who employs himself as a driver. There are also specific requirements for drug testing and certain exceptions as well.
In addition, some truck accident cases may involve a driver who has been on the road for many hours or traveling at an excessive speed to perform his responsibilities for the trucking company. 49 CFR 395, Hours of Service of Drivers, regulates the hours and service that it permissible. Obviously, if a truck driver has been violating these requirements he and his company increase the risk of inattention, fatigue and accidents.
Other federal regulations to consider may include: 49 CFR 383: Commercial Driver’s License Standards; 49 CFR 392: Driving of Commercial Motor Vehicles; 49 CFR 393: Parts and Accessories Necessary for Safe Operation; 49 CFR 396: Inspection, Repair, and Maintenance and 49 CFR 397: Transportation of Hazardous Materials. Certainly, federal regulations provide the “rules of the road” in these cases.
