Trucking Lawyers
It is crucial to retain an experienced attorney when you are involved in a collision with a truck. They can assist you in locating all liable parties and ensure that you receive compensation for your injuries.
Lawyers who work in the trucking industry will be well-versed in the laws and regulations that govern the business. They will be aware of the latest legal developments at both federal and state levels.
Commercial vehicle damage claims
Lawyers from the trucking industry handle personal injury and wrongful death cases with commercial vehicles like tractor trailers, delivery vans and big rig trucks. These kinds of accidents are extremely complicated and require an attorney who is knowledgeable of the laws and regulations that govern commercial trucks.
The huge size, weight, and heavy loads of commercial trucks make them more risky than smaller passenger vehicles like cars or pickup trucks. They also have different insurance requirements and liability policies. Additionally, commercial truck drivers are governed by federal regulations that govern their hours of operation and their ability to carry hazardous substances.
These rules can be extremely difficult to comply with. When a truck collision is caused by carelessness or reckless behavior on the part of the truck driver or trucking company, an experienced lawyer can help injured victims seek compensation.
The damages resulting from a commercial vehicle accident could include past and future medical expenses and lost income, as well as pain and suffering, and damaged property. The extent of the injuries as well as the nature of the accident will determine the amount of compensation victims will be awarded.
In some instances the behavior that led to the commercial truck accident will have been so extreme or blatant that the victim's lawyer could be able pursue punitive damages as an way to punish the driver or company. This is often a good thing for truck accident victims as it can increase the amount they receive in settlements.
Most times commercial trucking companies and insurance companies will do everything to avoid paying full compensation for victims of crashes. This means that you'll typically receive a lower settlement than you're entitled to.
Compliance with FMCSA and DOT
The Federal Motor Carrier Safety Administration (FMCSA) creates, implements and enforces regulations designed to avoid truck accidents, injuries and deaths. These regulations contain restrictions on hours of inspections and service maintenance, driver log books and other specifics.
The FMCSA also has a system, called the Safety Measurement System, which collects data from roadside inspections and state crash reports in order to identify carriers that could have an incident history of unsafe driving, or other issues that could lead to an accident. The information is used to support a claim against a particular company or an employee or a company that violated safety regulations.
Another critical DOT compliance issue is drug and alcohol testing for commercial drivers. Congress approved the Omnibus Transportation Employee Testing Act which requires DOT agencies to test safety-sensitive transportation employees for alcohol and drugs.
In addition to the DOT's general rules each agency has its own regulations regarding the timing and manner in which testing can occur. These regulations are essential to ensure that truck drivers and other transportation workers aren't influenced by drugs and alcohol while working.
These regulations are a good beginning, but they frequently aren't as strict as the industry standard for negligence claims. This is because the actual industry standard may be more stringent than that which is set by the FMCSA.
This is why it's essential to consult an attorney who is familiar with the federal and state laws, as well as the many industry standards created by trucking companies and individual operators to ensure safety on the road. An experienced lawyer can blend all these laws to make a strong case against negligent trucking companies or drivers.
Public transportation defense
Public transportation defense is a particular area of law that trucking lawyers frequently specialize in. These lawyers can help businesses to understand the complexities of transportation law while also protecting their clients' rights during legal cases.
When a trucking company or its driver is involved in an accident, it can be difficult to determine whom to seek legal help. west palm beach truck accident lawyer involved in accidents involving transportation are typically complex, and may involve a variety of parties. It is therefore essential to find an experienced attorney who has experience in commercial transportation matters.
In addition to transporting people, trucks and other transport vehicles transport goods for a cost as well. Federal Motor Carrier Safety Administration regulates the field and sets standards for safety for freight carriers, commercial drivers and other employees in the field.
A New York City public transport lawyer is recommended in the event that you are injured in a bus accident, or a passenger in one. This will ensure that your rights are protected and that you do not accept any settlement offers offered by the bus company or their insurance adjusters.
The New York City bus system is a vast system of trains, buses and stations that connects the five boroughs. The bus routes are operated by the Metropolitan Transit Authority (MTA).
Accidents can still happen even regardless of the fact that the MTA does everything it can to prevent injuries on its buses and trains. If you're ever injured in a train or bus accident, you can reach an experienced NYC public transport lawyer to help defend your rights and get compensation for your injuries.
Labor law
Truckers should be knowledgeable regarding labor law issues since they may be the subject of being a victimized employee by their employer, receive less than the legal minimum, or operate unsafe vehicles. A trucking lawyer who understands federal and state laws can help them file a complaint against their employer and negotiate settlement on their behalf.
The payment of hours worked is one of the most frequent issues encountered in trucking. Truck drivers are usually paid per mile. However, this does not take into account the time spent loadingand unloading, or waiting for delays. A recent court ruling against PAM Transport has forced the company to pay its truckers minimum wages for the entire time they work, including their sleep time.
This is a major change for the industry, as truckers have long been treated as independent contractors instead of employees. This could impact their rights to wages or benefits, as well as whistleblower protections.
Trucking companies also misclassify their employees as independent contractors to avoid having to comply with the legal obligations of being an employee. This is a standard practice by employers who need to hire new drivers. However, it could cause problems for truckers.
The lawsuit against PAM Transport isn't the first time a trucking company has been sued over this issue. Numerous other truckers have filed class action lawsuits against their employers claiming they were not compensated properly.
These cases can be a bit complicated however, trucking lawyers who are well-versed in the laws and nuances of federal and state labor can take care of these cases. A labor law attorney can support employees and assist transportation companies protect themselves from wrongdoing by truckers. They can also deal with legal issues that arise during the day-to-day operations of a trucking company.
Contract issues
Lawyers who represent trucking companies can assist with contract issues such as broker/carrier agreements, transportation services agreements and dedicated fleet contracts. They can also help with the establishment of a company or winding down, as well as restructuring.
In addition, they can assist in FMCSA and DOT compliance, as well as enforcement proceedings. They can also defend against injury claims and workers compensation claims.
They are well-versed in labor law and can make sure that their clients comply with all legal requirements to avoid lawsuits, keep their businesses running smoothly, and avoid any possible lawsuits. They also can represent truck drivers in union representation campaigns, collective bargaining negotiations, and National Labor Relations Board proceedings.
Another area of expertise is resolution of no-fault insurance claims. The lawyers at FN&H have extensive experience in this field and are able to help trucking insurers defend themselves and advise them on payment priority issues. They are particularly knowledgeable about the resolution of no-fault claims in states with specific no-fault rules and regulations.
They can also defend clients against claims that trucker exclusions are not valid. This includes issues relating to social security as well as workers' compensation and the business expenses that self-employed truckers have to pay. In a trucking industry which is often impacted by legal issues, they are able to offer ongoing assistance to their clients.
It is important to keep in mind that your trucking lawyer will be representing you in court. Therefore, you must choose someone who makes you feel relaxed and comfortable. Also, make sure that you have the ability to discuss your concerns with him or her and that is able to guide you through the process without any difficulties. This is an ongoing relationship, so it's a good idea to choose an attorney you trust and feel at ease working with.