A Complex Area of Law
The commercial trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA). The laws put forth by the FMCSA are intended to make the roadways safer for motorists and commercial truck drivers alike. FMCSA regulations cover commercial truck drivers, their vehicles, and truck companies. These regulations are far-reaching and encompass everything from fees and record retention, to highly detailed standards of maintenance and safety. FMCSA regulation of commercial vehicles applies to every party responsible for:
- Hiring, supervising, assigning, training, and dispatching drivers
The driving regulations include sections on general safety procedures, as well as specific issues, such as prohibited practices, and the maximum number of consecutive hours a commercial truck driver can operate a vehicle. A thorough understanding of these federal driving regulations is critical in building a successful trucking accident case. For instance, violations of laws concerning driving hours, weight limits, and regular maintenance requirements can make the difference between a claim resulting in significant compensation, or a lost case.
Regulations on Vehicles and Related Companies
In addition to driving regulations, the FMCSA is responsible for enforcing:
- Emission standards
- Transportation of hazardous materials
- Parking rules
- Very specific vehicle safety standards
The success of trucking accident lawsuits is often contingent on regulations dictating how a trucking company must be established and operated. The federal regulations for trucking companies are extensive, and include information on the minimum levels of financial responsibility that must be carried via insurance policies.
Involvement of Multiple Parties
In addition, trucking cases involve multiple parties, their insurance representatives, and defense lawyers. Depending upon the circumstances of an accident, these parties might include the truck driver, truck owner, motor carrier, manufacturer of defective truck parts, or manufacturers or distributors of freight carried by the truck. It is important that you have legal representation to fight for your rights.
As experienced truck accident attorneys, we can investigate records and obtain documentation and witness statements. This substantiating information can include whether or not a driver worked beyond the accepted hours of service, cargo weight restrictions were violated, or driving logs were tampered with. These factors can provide crucial evidence that can dramatically swing a case in the plaintiff’s favor.
Damages and Compensation
Oklahoma’s civil courts uphold a victim’s right to collect fair compensation for damages caused by the negligence or wrongdoing of another party. These legal damages may include medical expenses, loss of wages, pain and suffering, and more. If a close family member was killed, you may be entitled to wrongful death damages for losses you suffer now and well into the future. In some cases, additional punitive damages may be awarded as a deterrent to gross negligence or willful misconduct by trucking corporations.
At Tawwater Law Firm, PLLC, we believe in civil justice for victims and fight to maximize recoveries for our clients. Money cannot change an unfortunate circumstance, but it can ease healing and recovery as you move forward. It is our policy to handle trucking accident cases on a contingency basis. You will pay no up-front legal fees. Our attorneys receive payment only when you receive your settlement or jury award.
We encourage our injured clients and their grieving families to focus on healing and leave the insurance and legal matters to us.
What We Can Do for You
If you are involved in a trucking accident, It is important to contact us as soon as possible. Ideally, we can begin investigating the incident immediately, gathering evidence, issuing records subpoenas, and interviewing key witnesses. We work diligently and strategically to prove liability and to substantiate your damages. To determine if the vehicle, its driver, and the operating company were in compliance with the law, we will investigate:
- Driver training
- Driving hours
- Weight restrictions
- Drug and alcohol violations
- Truck maintenance
- Lane restrictions
As part of your case, we may collaborate with authorities across a range of fields relating to trucking accidents, including engineers and accident reconstruction experts.
Why Choose The Tawwater Law Firm?
Our firm has a long-standing reputation for thorough, successful representation in truck accident lawsuits. Each year, we handle several serious truck accident cases, including incidents that have happened on Interstates 40, 35, 44, and the Turner Turnpike. In decades of practice, we have secured many multi-million dollar verdicts and settlements for clients. Backed by experience, knowledge, resources, and a proven record of results, we are simply not intimidated by high powered insurance firms and national corporations. We will take on any opponent, no matter how large, in order to deliver the restitution our clients deserve.
We encourage our injured clients and their grieving families to focus on healing and leave the insurance and legal matters to us. Our attorneys and staff work tirelessly to ensure that our clients receive adequate medical care to maintain the highest quality of life possible. If needed, we bring life care specialists in to analyze a victim's needs in order to help them fully recover and retain their independence.