In our last post, we mentioned that the fines associated with federal commercial vehicle safety regulations have increased, and that the increase in fines will likely cause trucking companies to think twice before turning a blind eye to safety violations. As we noted, though, violation of federal safety rules can result in more than just fines.
Accident victims have the right to seek compensation from all parties responsible for a truck accident, and when a truck driver or trucking company violates federal safety regulations, it can cost them in personal injury or wrongful death litigation. Building a strong personal injury or wrongful death case requires accident victims or their survivors to show not only that the defendant or defendants were bound by a legal duty, but also that there was a breach of that duty which caused harm to the accident victim.
An experienced attorney can help an accident victim firstly by bringing familiarity with federal safety regulations to the table, and secondly by building a strong case demonstrating that violation and its connection to the accident victim’s injuries. This sounds easy enough, but when a violation occurs with respect to hours of service rules, vehicle maintenance, cargo securement, or some other aspect of the trucking safety, it isn’t always easy to demonstrate a violation. It depends on the circumstances of the case and what evidence is available.
Just as important as demonstrating these elements of a personal injury or wrongful death case is building a strong case for damages. Without establishing a strong case for damages, litigation will not be as successful as it otherwise might be. In all of this, working with a seasoned attorney is the best way to ensure one’s rights are zealously advocated throughout the legal process.
