Virginia Truck Accident Attorneys

Is the Trucking Company Liable for My Damages?

In some cases, even when a truck driver appeared to act negligently, the trucking company can be held liable. In recent years, the Federal Motor Carrier Safety Administration (FMCSA) has made it harder for trucking companies to evade liability by leasing vehicles and hiring drivers as independent contractors, rather than employees. Now, trucking companies can be held liable regardless of whether they own or lease their fleet and regardless of the employment status of their drivers.

That being said, trucking companies are not always liable for accidents. In order to file a claim against a trucking company, you will need to show that it acted negligently or wrongfully in some way. Examples of this would include engaging in negligent hiring practices (e.g. failing to conduct background checks), inadequate truck driver training, and failing to penalize truck drivers who violate hours-of-service rules.

Our attorneys understand how to thoroughly investigate truck accident claims in order to determine exactly how the accident occurred and, therefore, who is liable. If appropriate, we can take aggressive action against the trucking company on your behalf.

Federal Motor Carrier Safety Administration Regulations

Commercial truck drivers need to adhere to safety rules and regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Failure to follow all required rules can cause a trucking accident and increase the liability of both the truck driver and the company that employed them. When working on a client’s truck accident case, we like to investigate the background of the crash and why it happened to determine if FMCSA regulation violations were at play.

A few of the most important FMCSA regulations are:

• Hours-of-service: Most commercial truck drivers must not drive for more than 11 hours in a shift, which cannot exceed 14 hours. Breaks and a meal break must account for 3 hours of a trucker’s 14-hour shift, with no more than 8 hours being driven before a break is taken. Although, a trucker that operates only within a 150 air-mile radius of their typical shift starting point can drive for longer and with fewer breaks.
• Off-duty time: Truck drivers must take 10 consecutive hours off-duty before starting another shift by reporting themselves for duty. Rest periods can be split in special circumstances as long as no rest is shorter than 2 hours.
• Maintenance: Repair, inspection, and maintenance records must be updated every 30 days by motor carriers. Windows, doors, and door-marking lights must be inspected every 90 days. Most truck drivers must inspect their trucks after every shift and create a written account to verify the inspection.
• Transportation of hazardous materials: Only truck drivers with an H-endorsed commercial driver’s license (CDL) are permitted to transport hazardous materials. Trucks with hazardous materials must adhere to federal, state, and local regulations regarding where the truck can be lawfully driven and parked. Certain hazardous material carriers must adhere to a lower highway speed limit and use designated truck lanes or roads whenever possible.

Trucking Companies Are Prepared for a Fight. Are You?

Whenever a commercial truck accident occurs, motor carrier companies will quickly send lawyers, investigators, and representatives to the scene of the accident with the goal of minimizing the company's liability as much as possible. Without an experienced Virginia truck accident lawyer on your side, you risk letting key evidence slip through your fingers.

The attorneys at Kalfus & Nachman PC know the tactics that trucking companies will use to fight your claim. We can help you understand your rights, gather the facts of your case, and get your life back on track. Our firm has the resources you need to fully investigate your accident, and we will identify every party who can be held accountable for your injuries.

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