What if the Truck Driver Who Hit Me was Breaking the Law?

 Posted on April 29, 2022 in Personal Injury

Truck drivers may need to follow laws that do not apply to drivers in personal vehicles. Large commercial trucks present a much greater danger to everyone on the road, so it makes sense that those driving them are subject to additional regulations. While crashes involving personal vehicles can be devastating, truck accidents are highly likely to cause serious injuries to anyone involved. When truck drivers follow all the safety laws that apply to them, major accidents are less likely to happen. It may give you a bit of hope to learn that if it turns out that the truck driver who caused your motor vehicle accident was disregarding a statute intended to keep people safe, your case could become easier to prove. If you were in an accident involving a commercial truck, you will need to promptly contact a local attorney to start the process of seeking compensation. 

What Laws Are Truck Drivers and Companies Required to Follow?

The Federal Motor Carrier Safety Administration sets out a series of laws that commercial trucking agencies and their drivers must abide by. These laws may not apply to other drivers. Laws that specifically pertain to truck drivers include: 

• Hours of Service - This is one of the most important safety laws in trucking - and perhaps one of the most commonly violated. These laws govern how long a truck driver can keep driving without taking a break, and how long these breaks must be. These laws are intended to make sure that truck drivers get adequate rest so that they do not become fatigued and likely to make mistakes. Truck drivers have even fallen asleep at the wheel after violating hours of service regulations. 

• Drug and Alcohol Testing - Trucking companies are required by law to conduct drug testing regularly, and drivers are obligated to submit. If a driver gets into an accident, they must be tested for both drugs and alcohol shortly after the accident occurs. 

• Tampering - Trucks are often equipped with devices designed to monitor the driver’s compliance with the law. This may include things like speed limit monitors, devices that record hours of service, and other such equipment. Tampering with these devices may be illegal. 

How Does it Affect My Case if the Driver Was Breaking a Law?

If it can be shown that the truck driver caused your accident because he was breaking a law intended to keep everyone safe, your case will likely be much simpler. Illinois has a legal concept called “negligence per se.” When a law is in place for safety reasons, a person who breaks that law and causes the kind of harm that law was meant to prevent, they are almost automatically liable. 

Call a Kane County Truck Accident Lawyer

If you were injured by a careless or lawbreaking truck driver, Kinnally Flaherty Krentz Loran Hodge & Masur P.C. may be able to recover financial compensation for you. Our skilled Aurora truck accident attorneys will conduct a full investigation to determine whether the trucker who hit you was violating a law. Call 630-907-0909 for a free consultation. 

Source: 

https://www.fmcsa.dot.gov/regulations/hours-of-service