Commercial truck accidents often cause fatal or life-altering injuries. Federal trucking regulations were issued by the Federal Motor Carrier Safety Administration (FMCSA) to help keep motorists safe. When truck drivers and companies violate these regulations that increase the risk and severity of truck accidents.
While it is impossible to say exactly how many truck accidents are caused by truck regulation violations, we know that many are. Some of the most common causes for truck accidents include actions directly governed by the FMCSA regulations.
If you have been injured or lost a loved one in a truck accident, you may be entitled to recover compensation. Trucking company insurers and defense attorneys will try to deny or devalue your claim. You need an experienced truck accident lawyer in Chicago to protect your rights and help you recover maximum compensation.
FMCSA Trucking Regulations
The FMCSA regulations govern the trucking industry. These regulations are necessary to help minimize the occurrence and severity of accidents and involve conduct that frequently contributes to truck accidents. The FMCSA regulations involve numerous areas of trucking including:
- Hours of service rules that limit how many consecutive hours a driver may work.
- Truck size and weight restrictions.
- Maintenance requirements.
- Drug and alcohol testing.
- Electronic logging device (ELD) requirements.
- Periodic inspection requirements.
- Cargo loading and securing rules.
- Commercial driver’s license requirements.
- Mandatory rest periods.
Proving Negligence In an Accident Involving Trucking Regulation Violations
Most truck accident claims are based on negligence. To be successful in a negligence claim, you must be able to prove the existence of four elements:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- The defendant’s breach of duty caused your accident and injuries.
- You suffered actual damage due to the defendant’s breach of duty.
When a driver or trucking company has violated a trucking regulation, your claim is much easier to prove. This is because the first two elements are already proven when a regulation violation has occurred.
When a defendant violates a law, such as a trucking regulation, that violation is considered negligence per se. The breach of duty is established. That only leaves proving that the breach of duty was the actual cause of your accident and proving the existence and value of your damages.
At Meyers & Flowers, our truck accident attorneys have the experience and skills to build your strongest case and help you recover maximum compensation.
Compensation Available in Truck Accidents Involving Trucking Regulation Violations
The amount and type of compensation you may be able to recover depend on several factors, including the severity of your injuries and strength of your case. In a successful trucking accident case, you should be able to recover compensation for economic and non-economic damages.
Economic damages include current and future medical expenses, current and future lost wages, property damages, and other expenses and costs incurred due to your accident and injuries.
Non-economic damages include pain and suffering, emotional distress, loss of consortium, disfigurement, permanent disability, loss of enjoyment of life, and other intangible costs.
Economic and non-economic damages are called compensatory damages because they are intended to compensate an injury victim for their losses. Punitive damages, also known as exemplary damages, are not intended to compensate injury victims, but to punish a wrongdoer and deter similar future conduct.
Punitive damages are rarely awarded in truck accident cases. In Illinois, you must prove by clear and convincing evidence that a defendant acted intentionally to harm someone or with gross negligence that evidences willful disregard for the safety of others. Depending on the type of violation and facts of a case, punitive damages may be appropriate in some truck accident cases.
At Meyers & Flowers, we carefully investigate the facts of each truck accident to determine all possible causes and liable parties, and work hard to recover all available compensation for our clients.
Schedule a Free Consultation With an Experienced Illinois Truck Accident Lawyer
At Meyers & Flowers, our Chicago personal injury attorneys have been protecting the rights of truck accident injury victims and their families for decades and have recovered over $6 billion for our clients. We have the experience, knowledge, and skills to help secure maximum compensation for you.
Call (630) 280-3771 or complete the short form on our contact page and schedule a free consultation to discuss your claim.