The two most frequently violated semi-truck regulations, are (1) the CDL driving regulations consisting of driving, maintenance of the truck, pre-trip routine inspections, and the containment of hazardous material. (2) the logbook regulations, which consist of the number of hours the driver has driven, date when cargo was picked up, weight of truck before and after cargo is on board, and date of delivery. If the truck driver willfully violated these regulations your claim might be entitled to punitive damages, plus your actual damages.
Annually, there are 333,000 large semi-truck accidents. These trucks weigh approximately between 16,000 and 20,000 pounds. Therefore, semi-truck accidents are more likely to cause serious personal injury or death compared to automobile accidents. The drivers of the semi-trucks are required to maintain a duty of care which consists of using all reasonably means to avoid the accident, complying with traffic rules and regulations, and keeping a proper lookout. Semi-truck accidents are so catastrophic, states strictly enforce state and federal regulations. Once the truck driver has been proven to violate the rules and regulations, Courts assess negligence and liability.
Generally, semi-trucks have coverage of $1,000,000 or more to cover catastrophic injuries which normally occur in these accidents. The semi-truck driver must be proficient at pre-trip inspection, routine, maintenance of the truck, driving the truck consisting of backing up and parking, and the procedures concerning hazardous materials. There are violations concerning the law book regulations. The semi-truck driver needs to put down the destination, date of delivery, weight of the cargo, and the number of hours driven each day.
Once liability is established on the part of the semi-truck driver, claimant is due economic damages which consists of past medical expenses, future medical expenses, lost wages, and loss of earning capacity. The claimant is entitled to non-economic semi-truck damages. These damages consist of mental anguish which compensates the claimant for anxiety. If the claimant is disfigured or physically scarred and has emotional distress, it will also be considered a form of damages.
Tim Chelpaty Law Office
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Las Cruces, NM 88005
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