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Trucking Accidents: Legal Rights and Safety Regulations

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June 10, 2024

There are state and federal trucking laws in place for a very good reason. Trucks are massive vehicles that weigh as much as 80,000 pounds and can be as long as 72 feet. Their size is so much bigger than other vehicles on the road that when an accident happens, it is often catastrophic.

Despite the Federal Motor Carrier Safety Administration regulations and state trucking laws, truck drivers and trucking companies frequently violate the laws. A violation of even the most minor rule can be deadly for others on the road near a truck.

Individuals who are injured in a trucking accident because of errors on the part of the driver or negligence by the trucking company or any other party connected with a commercial truck may be able to file a claim and obtain financial compensation. Investigating truck accidents and taking legal action can be complicated. Several parties may be liable and determining errors is complex. An attorney with experience managing truck accident claims can provide invaluable assistance and support. 

Edelstein Martin & Nelson, LLP offers experienced and resourceful Pennsylvania truck accident attorneys who are ready and prepared to help you file a claim.

Rules for Commercial Trucks

Trucking Accidents: Legal Rights and Safety RegulationsThe FMCSA’s guidelines are aimed at commercial vehicles that make money transporting both cargo and people. There are several regulations including those related to hours of service limits, hazardous material handling, insurance requirements, even vehicle maintenance and inspection requirements, and more.

Still, each year the FMCSA issues thousands of warning letters and investigates thousands of suspected violations, often resulting in thousands of citations for serious transgressions.

While the state of Pennsylvania manages Commercial Driver’s Licenses and endorsements, the FMCSA sets the requirements that must be met to obtain permits and licenses. State laws, though, determine the size and weight that a truck can be and require overweight trucks to have a Pennsylvania Department of Transportation permit. Additionally, commercial trucks may be restricted from driving over certain bridges due to weight limits.

When you work with a truck accident lawyer the investigation into the details of how your accident took place will include if state or FMCSA regulations were violated. When it is found that there was a disregard for the rules and laws this can support your case and uncover what parties are liable for paying for your damages.

For example, your attorney will immediately act to obtain a truck’s black box. The black box contains a plethora of information including, but not limited to, when and if the brakes were used when your accident happened, the truck’s speed before your accident took place, or the monthly and daily activity of the vehicle. Any of these critical details obtained from the truck’s black box can be used to prove negligence and help you be successful with your claim.

Speak with an Attorney at Edelstein Martin & Nelson, LLP

Pennsylvania traffic accidents that involve large, commercial trucks, can cause serious injuries as well as death for occupants of much smaller vehicles.

If you would like assistance with your claim, please call Edelstein Martin & Nelson, LLP at (215) 731-9900 to schedule a free consultation with an experienced attorney.

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