Thousands of big rigs and 18-wheeler trucks travel New Mexico’s roadways every day. When the truck operator or driver fails to follow specific federal regulations, it can result in unsafe conditions for others on the road. If you are injured after a commercial truck accident, proving a federal regulation violation can help you get the money you need to pay for your medical treatment costs, lost wages, and emotional distress.
Truck driving accidents are always negligent and should never happen to you. These collisions can result from various factors, including road conditions, mechanical malfunctions, and driver error. Take the necessary steps to verify that you were not at fault for the accident by hiring an attorney to review your case’s facts and circumstances.
In This Post
In this blog article, we take a closer look at commercial trucks’ federal governance and what you can do to prove that a federal violation took place.
Trucking Companies Must Maintain Safe Commercial Vehicles
The Federal Motor Carrier Safety Administration (FMCSA) oversees commercial trucking standards and safety. They enforce and adjudicate rules that apply to trucks weighing more than 10,000 pounds or transport hazardous materials. Trucking operators are required to maintain and inspect their vehicles according to federal and state standards in addition to keeping records for at least one (1) year.
Violations Are Acts of Negligence
When a trucking operator or company breaks federal laws and contributes to your accident, they may be negligent, per se. This designation means that the law assumes that the company is negligent, making it easier to prove your truck accident injury case.
When you prove that the truck company or driver was negligent, it is the first step toward a fair settlement for your physical and future losses. In addition to showing evidence of negligence, you will also need to demonstrate that your bodily harm or loved one’s death resulted from the crash and other related factors.
Ways to Prove Federal Violations After a Trucking Accident
There are several ways to prove federal violations after a trucking accident. Ensure that you reach out to a truck accident lawyer in New Mexico to help you obtain and preserve the admissible evidence you need to prove your case.
Examples of evidence that attorneys utilize may include:
- Logbooks for hours of service violations: Driver fatigue is a problem that leads to catastrophic accidents. As such, the FMCSA limits the number of hours truckers can legally drive on the road. To prove compliance, drivers must track their hours.
- Maintenance records: Trucks are massive vehicles with specialized parts. Obtaining service records will help your attorney determine if there is a possibility of malfunction or if the vehicle was poorly maintained.
- Hiring and training evidence: Operating a commercial truck is not the same as a passenger vehicle. It takes time and training to drive a truck properly. Consequently, the FMCSA has stringent rules regarding driving a truck, including setting standards for authorization and licensure.
- An evaluation of vehicle loading: Poorly loaded trucks can quickly become unbalanced and make it difficult for drivers to handle the vehicle safely. Since there are federal rules in place, a lawyer can evaluate loading the company’s procedures and make a determination regarding loading violations.
Requesting and reviewing these critical pieces of evidence is not something that most people have the time, patience, and experience to do, which is why hiring an attorney is helpful. We can look at the facts and evidence of your case, spot issues, and act on a viable strategy that helps you get the compensation you deserve. Doing so will take the strain of high-pressure insurance settlements off of your shoulders so that you can primarily focus on your health and recovery.
Review Your Case with a Truck Accident Lawyer
Contact an experienced Santa Fe truck accident attorney as soon as possible after the accident so that the evidence is still intact. You are welcome to connect with our legal team at Grano Law Offices, P.C. to discuss the details of your case today. Start now by messaging us here or calling (505) 426-8711.
