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Truck Accident Law Summary

Truck accident cases can, at times, become complicated and may require attention to detail regarding trucking law, so it is important for your attorney to be familiar with the issues unique to trucking accident cases and how to approach truck accident claims. Motor carriers who employ truck drivers must adhere to many laws and regulations regarding their trucks and truck drivers. Among them are the following:

1. Duty of Care: Usually, professional drivers of trucks owe a duty of ordinary care and must exercise extreme caution when driving in hazardous conditions (as in cases of snow, sleet, ice, fog, mist or rain, smoke, or dust). Trucks carrying passengers rather than cargo must exercise a higher duty of care in all situations. If conditions are extremely dangerous, truck drivers are to pull over and stop driving until conditions are safe.

2. Driver Violation Records and Reports: Motor carriers must keep up-to-date records of every driver's violation history, and a motor carrier may terminate a driver's driving privileges if the violations are numerous or inexcusable. Drivers must quickly report any violations received to their carriers in writing within 30 days of conviction.

3. Daily Inspections: Drivers must inspect their trucks and document their inspections daily, including the inspection of cargo, tailgates, doors, spare tires, and other equipment before beginning a trip.

4. Qualifications: Truck drivers must meet certain physical and mental qualifications which must be documented by exams.

5. Road Tests: Motor carriers must keep records of road tests administered to all drivers. Driving ability as well as knowledge of pre-trip inspection routines and other truck driving information is tested.

6. Hours and Logs: Truck drivers may only drive a certain number of hours per shift, with many regulations regarding driving time and on-duty time. Drivers must keep logs of their hours spent on-duty and driving which must be audited by the motor carrier.

Knowledge of these laws and the many other aspects of truck accident law is essential for attorneys making claims for truck accidents. If you have been injured in a truck accident, please feel free to call us at 770-577-3020 to speak with an experienced truck accident attorney for free.