Trucking LawyersIt is essential to retain an experienced attorney when you're involved in a trucking collision. They can help you identify the parties responsible and ensure that you are compensated for your injuries.
Trucking lawyers will be familiar with the regulations and laws that govern the industry. They will be aware of the most recent developments in law at both federal and state levels.
Commercial vehicle damage claims
Trucking lawyers deal with personal injury and wrongful death cases with commercial vehicles like tractor trailers, delivery vans and big rig trucks. These kinds of crashes are extremely complex and require an attorney who is knowledgeable of the laws and regulations that govern commercial trucks.
The size and weight and heavy loads of commercial trucks make them more dangerous than passenger vehicles that are smaller in size, such as cars or pickup trucks. They also have different insurance requirements. Additionally commercial truck drivers are also governed by federal regulations that regulate their hours of operation and their capacity to transport hazardous materials.
These rules can be difficult to adhere to. When a truck collision is the result of carelessness or reckless behavior by the truck driver or trucking company, an experienced lawyer can assist victims of injuries recover damages.
Commercial vehicle accidents can result in injuries, including future and past medical expenses, lost income and property damage. The severity of the injuries and the nature of the accident will determine the amount of compensation victims will be awarded.
Sometimes, the actions that caused the truck accident could be so outrageous or malicious that the victim's lawyer may be able pursue punitive damages to punish the driver or the company. Truck accident victims often find this to be a positive thing because it could increase their settlements.
Most times, commercial trucking companies and insurance companies will do everything to avoid paying full compensation for victims of crashes. This means that settlement offers will typically be far less than the amount you deserve.
Compliance with FMCSA and DOT
Federal Motor Carrier Safety Administration is responsible for developing, implementing, as well as applying regulations to prevent accidents, injuries, and deaths. These regulations restrict hours of service and inspections, maintenance, log books for drivers and other information.
The FMCSA also has a system, called the Safety Measurement System, which collects data from roadside inspections and state crash reports to pinpoint carriers that may have an history of unsafe driving, or other issues that could cause collisions. These data can be used to back any claim against the carrier or driver who was in violation of safety regulations or an organization.
Another crucial DOT compliance issue is the drug and alcohol testing of commercial drivers. Congress passed the Omnibus Transportation Employee Testing Act, which requires DOT agencies to test employees of transportation who are sensitive to safety for drugs and alcohol.
Individual agencies have their own rules for the manner in which tests should be conducted. These regulations are essential to ensure that truck drivers and other transportation workers aren't intoxicated by alcohol or drugs while on the job.
While these regulations are a great beginning, they often fall short of what is required to establish the industry standard in a negligence claim. This is because the true industry standard could be more stringent than that which is set forth by the FMCSA.
This is why it's essential to consult an attorney who knows the federal and state laws and the numerous industry standards that are created by trucking operators and other companies to ensure safety on the road. A skilled Lawyer Truck Accident can weave all of these regulations to create a compelling case against an unprofessional trucking company or driver.
Public transportation defense
Public transportation defense is an area of law that trucking lawyers often specialize in. These lawyers can help companies understand the complexities of transportation law and also protect their clients' rights during legal cases.
It can be difficult to find legal help for an operator of a truck or a driver involved in an accident. Transportation accidents can be complicated and involve multiple parties. This is why it's essential to choose a competent attorney who has experience handling commercial transportation matters.
In addition to transporting people, trucks and other transport vehicles transport goods for a cost as well. The Federal Motor Carrier Safety Administration (FMCSA) regulates the industry and sets standards for safety for commercial drivers, freight carriers and others in the field.
A New York City public transport lawyer is recommended in the event that you have been injured in a bus accident, or are a passenger in one. This can help ensure that your rights are protected and that you don't agree to any settlement offer made by the bus company or their insurance adjusters.
New York City's bus system is a vast network that includes trains, buses and stations. It connects all five boroughs. The bus routes are run by the Metropolitan Transit Authority (MTA).
Although the MTA is able to prevent injuries on its train and bus cars, accidents can still occur. Fortunately, if ever injured in a train or bus accident, you can speak with an experienced NYC public transportation lawyer for trucking accident to ensure your rights and obtain compensation for your loss.
Labor law
The law of labor is crucial for truckers, because they could be victimized by their employer, get paid less than is legally required or drive unsafe trucks. Truckers who are aware of both state and federal laws can assist them in filing complaints against their employers and negotiate a settlement.
One of the most frequent trucking labor issues is the payment of hours spent. Traditionally, truckers are paid per mile; however it doesn't take into consideration the hours spent loading and unloading their trucks and waiting for delays. A recent court ruling against PAM Transport has forced the company to pay its truckers a minimum pay for all hours they work, including sleep time.
This is a significant change for the industry because truckers have been considered independent contractors rather than employees for a long time. This could affect their rights to wages, benefits and even whistleblower protections.
Moreover, trucking companies often misclassify their workers as independent contractors in order to avoid a need to comply with the additional legal requirements which are required for being an employee. This is a common practice by employers who need to recruit new drivers. However, it can cause problems for truckers.
The lawsuit filed against PAM Transport isn't the first time a trucking company has been sued on this issue. In fact, many other truckers have filed class action lawsuits against their employers because they didn't pay them properly.
These types of cases can be difficult to resolve, but they can be handled effectively by trucking attorneys who are knowledgeable about the complexities of federal and state labor laws. In addition to providing assistance to employees as well as their employers, a labor lawyer can assist transportation companies in protecting themselves from wrongful actions by their truckers, and also deal with legal issues that arise in the day-today operations of the trucking business.
Contract matters
Lawyers for trucking can assist businesses with contract issues like broker/carrier, transportation services, and dedicated fleet contracts. They can also help with the establishment of a company, winding down, and restructuring.
In addition, they can assist with FMCSA and DOT compliance, as well as enforcement proceedings. They also can defend accident claims and workers' compensation claims.
They are well-versed in issues pertaining to labor law and can ensure that their clients follow all legal requirements to avoid lawsuits and ensure their business is running smoothly. They also assist and represent truck drivers in union representation campaigns negotiation of collective bargaining, and National Labor Relations Board proceedings.
Another area of expertise is resolving no fault insurance claims. The attorneys at FN&H have years of experience in this area and are able to assist and defend trucking insurance companies on priority of payment issues. They are particularly familiar with the resolution of no-fault claims in states that have unique no-fault requirements and concerns.
They also have the ability to defend clients against claims of exclusions of truckers. This includes issues relating to social security as well as workers' compensation and business expenses that self-employed truckers face. They also offer ongoing counsel for their clients, which is important in a industry that frequently faces legal issues.
It is crucial to remember that your lawyer for trucking will be representing you in court. So , ensure that you choose someone who makes you feel relaxed and comfortable. It is important to have the ability to discuss your concerns with the lawyer , and they can help you through this process without any hassles. It will be an ongoing relationship, so it's best to select an attorney you can trust and feel comfortable working with.