Omaha Truck Regulations Violation Accident Attorney
Turn to Our Omaha Team for Skilled Legal Representation After an Accident Caused by a Truck Regulations Violation
The Federal Motor Carrier Safety Administration (FMCSA) has several regulations in place which truck drivers and trucking companies must follow to help ensure the safety of others. When these regulations are violated, it increases the likelihood of a catastrophic or deadly collision occurring.
At Bottlinger Law L.L.C., our Omaha personal injury team is experienced in handling these types of complex cases. We are proud to have a Better Business Bureau A+ rating, with head attorney Jason B. Bottlinger having been selected by Expertise as one of the top 20 personal injury attorneys out of 322 others serving Omaha in 2018 and 2020.
Call our Omaha truck accident lawyers today at (402) 505-8234 to schedule a free initial consultation and get started on your case.
The FMCSA seeks to reduce accidents by enforcing specific regulations as well as education, technology, and research. These are some of the regulations commercial truck drivers must follow:
- Truck drivers cannot drive with a BAC of 0.04%
- Truck drivers must be over the age of 21 and demonstrate that they can drive safely
- Truck drivers can drive a maximum of 11 hours in a duty period
- Truck drivers must regularly inspect their vehicles’ loads
- Truck drivers must take a break that lasts at least 30 minutes after driving for eight hours
Ignoring these regulations can create a dangerous situation that could lead to an accident. Under these circumstances, you could pursue a personal injury claim to recover fair and just compensation.
Trucking regulations that are frequently violated include failing to take rest breaks, not complying with drug and alcohol testing, negligent hiring, and cargo loading violations. Hours of Service (HOS) violations are a major issue in this industry, given the pressures drivers face to meet their deadlines.
In a truck accident caused by regulation violations, multiple parties could potentially be liable. Trucking companies have a legal responsibility for the actions of their drivers. If the trucking company did not provide adequate training and supervision or negligently hired a driver who was unqualified for the job, the trucking company could be responsible for the injuries you sustained.
The driver is also typically liable in such cases. For example, if they violated HOS or were driving under the influence of drugs or alcohol, they would be at fault.
There are many key areas of truck regulation non-compliance, such as drug and alcohol testing, medical examinations, and cargo loading. When drivers and trucking companies are not in compliance with the requirements for drug and alcohol testing, it substantially impacts road safety and contributes to collisions. Drivers must submit to pre-employment, random, and post-accident testing to ensure compliance with these regulations.
There are also strict regulations regarding cargo loading and securement. When cargo is improperly loaded, this is a major safety risk and is often a cause of truck collisions.
To pursue compensation for the injuries sustained in a truck regulation violation case, hiring an attorney who can gather evidence on your behalf, such as driver logs, drug testing records, and witness statements, is of great importance.
The evidence collected could be instrumental in establishing negligence, proving that the trucking company, driver, or both parties violated FMCSA regulations. If successful, you could recover compensation that covers medical expenses, property damage, lost wages, and pain and suffering.
You need skilled representation to pursue compensation if you sustained injuries in a truck accident caused by regulation violations. The Bottlinger Law L.L.C. team in Omaha is dedicated to fighting for the best possible outcome for each client and protecting their rights every step of the way. Head attorney Jason Bottlinger has over 15 years of legal experience and is committed to helping truck collision victims obtain the compensation they deserve.
Call us today at (402) 505-8234 to schedule a free case review.
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Jason Bottlinger has been named one of the Top 40 Lawyers under the age of 40 in the state by The National Trial Lawyers organization.
Our firm has a perfect A+ from the Better Business Bureau of Nebraska, which grades based on 13 different factors.
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