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Truck accident lawsuits are a breed apart. You have two types of motor carriers. Intrastate and Interstate. Interstate carriers are controlled by Federal Law. Intrastate are controlled by State law. There is no doubt, given the regulations governing semi tractor trailers, that this area of law calls for an experienced truck accident lawyer. There is actually a federal safety management system that rates the safety of each motor carrier.
The Code of Regulations Chapter 47 contain the regulations and interpretations that govern motor carriers in interstate commerce. These also can be applicable to intrastate carriers trough State adoption. The above mentioned motor carrier safety measurement system measures 7 characteristics to give it's ratings and to evaluate trucking companies.
The factors considered are: Unsafe driving, Fatigued Driving, Driver Fitness, Controlled Substance and Alchohol, Vehicle maintenance, Carg-related, and Crash indicator. This can be a fertile area of information and deposition questioning. The motor carrier regulations have many requirements. They are not well known to those outside the industry. The safety regulations are contained in pertinent parts of Chapter 47of the Code of Federal Regulations.
For instance under section 392.14 driving a truck in hazardous conditions that are sufficiently dangerous shall be discontinued. Thus, if there is impared visibility or slippery road condtitions an arguement can be made that the truck should not even be on the road.
Trucking companies are required to keep documentation of inspections of trucks as well as records regading the driver. Some of the records are only required to be kept for a relatively short period of time . That is why a experienced lawyer will send a letter requesting particular evidence to be preserved. Otherwise it could be destroyed and no recourse is available.
The sooner you hire a truck accident attorney the better your chances of preserving the evidence that could make the difference between winning and losing. Call Anthony today at 513-621-2345
9277 Centre Point Drive, Suite 350
West Chester, Ohio 45069Meeting location by appointment only
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