Safety Regulations Impacting Truck Accident Claims
Personal injury claims related to truck accidents come with a number of unique challenges because of the various safety regulations affecting the trucking and shipping industry. Attorneys who take on these types of claims must have a thorough understanding of Federal Motor Carrier Safety Administration regulations to be able to prove how a driver or trucking company was responsible for accident and the best strategies to take.
These regulations apply to any commercial motor vehicles used to transport property or passengers or for interstate commerce when the vehicle meets the following stipulations:
- Its gross weight, gross combination weight or the respective ratings for either of those figures are greater than 4,536 kg (10,001 pounds), or
- It is either designed or used to move more than eight passengers at once, including the driver, for compensation, or
- It is either designed or used to transport more than 15 passengers, including the driver, but is not used to transport these passengers for compensation, or
- It is used to transport hazardous material as outlined by the Secretary of Transportation under 49 U.S.C. 5103 and in a quantity requiring placarding according to the regulations outlined by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
The phrase “interstate commerce” is also an important qualifier. For these purposes, interstate commerce is defined as any transportation, trade or traffic in the United States meeting any of the following stipulations:
- It occurs between a place in a state and a place outside of that state
- It occurs between two places in a state through a separate state or a place outside the country
- It occurs between two places in a state as part of any transportation, trade or traffic beginning or ending outside that state or the country
These regulations can be complicated for those unfamiliar with the laws, so for more information about how they could impact your injury claim, contact an experienced Atlanta truck accident lawyer with McMenamy Law LLC.