If you or a loved one were injured in a truck accident, you might be wondering who is at fault and what type of compensation you can receive. Trucking companies can be held liable for damages after an accident in Marksville, but there are a few things you need to know about liability laws before filing a claim.
Trucking companies are required to follow specific regulations set by the federal government. These rules are in place to protect both the trucking company and the public. A trucking company may be liable for damages if service hours are not respected, they don’t conduct regular maintenance checks, or show other types of negligence.
Federal Motor Carrier Safety Administration (FMCSA) Regulation on Hours of Service
This regulation states that truck drivers can only drive for a certain number of hours per day and must take breaks after being on the road for a certain period. If a truck driver violates this regulation, the trucking company can be liable for damages.
If you were involved in an accident with a truck, you should investigate if the driver followed the hours of service regulations. You can do this by accessing the driver’s logbook. If you see that they were not following the hours of service regulations, you may have a case against the trucking company.
FMCSA’s Regulation on Maintenance and Inspection of Trucks
This FMCSA regulation requires that trucking companies regularly inspect their vehicles and perform maintenance. If a trucking company does not properly maintain its trucks, it can be liable for damages.
Other Forms of Negligence
If a trucking company is negligent, it can be held liable for damages. A company may be negligent in the following ways:
- Hiring drivers with a history of accidents or traffic violations
- Not training their drivers correctly
- Inefficiently supervising drivers
If you were involved in an accident with a truck, you should check to see if the company was negligent in any of these ways. If you can prove that the company was negligent, you may have a case against the trucking company.
After reviewing your case, an experienced Marksville truck accident lawyer will be able to tell you if have a case against the trucking company. They will also help you get the compensation you deserve.
Trucking Company’s Insurance Policy
Most trucking companies have insurance policies that offer coverage for accidents. If you were involved in a crash with a truck, you should check to see if the trucking company has insurance. If they do, you may be able to file a claim with their insurance company.
On the other hand, if you have collision coverage on your insurance policy, you may be able to file a claim with your insurance company. Before filing the case, you must prove that the trucking company’s negligence caused the accident.
If you do not have collision coverage, you may still be able to file a claim against the trucking company if they are found to be liable for the accident.
Filing a Lawsuit
If you were involved in an accident with a truck, and you believe the trucking company is liable, you may be able to file a lawsuit against them. However, before doing so, you should speak with an attorney. A lawyer will be able to review your case and help you determine if you have a valid claim against the trucking company.
If you decide to file a lawsuit, there are specific deadlines that you must meet. For example, in Marksville, you must file your lawsuit within one year of the accident date. If you do not file your lawsuit within this timeframe, you may lose your right to recover damages.
The Bottom Line
If you were involved in an accident with a truck, you might be able to recover damages from the trucking company. Many factors will determine whether or not the company is liable for your damages. You should speak with an experienced attorney to review your case and help you identify the at-fault party.
About the author: Mark Scott
With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.
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