Trucking Lawyers
When you're involved in a trucking accident, it's important to hire an experienced lawyer. They can help you identify the parties at fault and ensure that you are compensated for your injuries.
Lawyers for trucking will be aware of the laws and regulations that govern the business. They also stay current on the latest legal developments at the state and federal level.
Commercial vehicle damage claims
Lawyers for trucking represent those who suffer personal injury or death-in-the-family involving commercial vehicles like delivery vans and tractor trailers. These types of crashes can be very complicated and require an attorney who is well-versed with the laws and regulations that govern commercial trucks.
The huge size and weight and heavy loads of commercial trucks make them more hazardous than smaller passenger vehicles such as cars or pickup trucks. They also have different insurance requirements and liability policies. Additionally, truck accident lawyer chicago are also governed by federal regulations that regulate their driving hours as well as their capacity to transport hazardous materials.
These rules can be challenging to follow. A lawyer with experience can help victims of truck accidents that were caused by carelessness or reckless behavior of a truck driver or trucking company.
The damages resulting from a commercial vehicle crash can include future and past medical expenses as well as lost income, pain and suffering, and damaged property. The severity of the injuries and the extent of the crash will determine the amount of compensation that victims should receive.
Sometimes, the behavior that caused the truck accident may be so outrageous or reckless that the victim's lawyer may be able to pursue punitive damages to punish the driver or the company. The victims of truck accidents often see this to be a good thing because it will increase their settlements.
Most of the time, commercial trucking and insurance companies will do everything possible to not pay full compensation to victims of accidents. This means that settlement offers will generally be lower than what you're entitled to.
Compliance with FMCSA and DOT
The Federal Motor Carrier Safety Administration (FMCSA) creates, implements and enforces regulations designed to prevent trucking accidents, injuries and deaths. These regulations contain restrictions on hours of service and inspections maintenance, driver log books as well as other details.
The FMCSA also has a system known as the Safety Measurement System, which collects data from roadside inspections and state crash reports to determine carriers that might have a history of unsafe driving or other problems that could lead to a collision. These data can be used to support an action against the carrier or driver who has violated safety regulations or a company.
Another issue that is crucial to DOT compliance is the alcohol and drug testing for commercial drivers. Congress approved the Omnibus Transportation Employee Testing Act, which requires DOT agencies to test their safety-sensitive employees in transportation for drugs and alcohol.
In addition to the DOT-wide rules the individual agencies have their specific rules on the timing and manner in which testing can be conducted. These rules are vital to ensure that truck drivers and other workers in transport aren't influenced by alcohol or drugs on the job.
While these regulations are a great beginning, they often fall short of what is needed to establish the industry standard for the event of a negligence claim. This is because the real industry standard could be more stringent than what is set by the FMCSA.
It is essential to work with an attorney who is knowledgeable of both state and federal laws. A skilled lawyer can weave all of these regulations to present a strong case against an unprofessional trucking company or driver.
Public transportation defense
Public transportation defense is a field of law that trucking lawyers typically specialize in. These lawyers can help businesses learn the complexities of transportation law and also protect their clients' rights during legal proceedings.
If a trucking business or its driver is involved in an accident, it can be difficult to determine who to call for legal assistance. The legal issues involved in a transportation crash are usually complex, and they can involve many parties. This is why it's crucial to find a skilled lawyer who has handled commercial transportation matters.
Trucks and other vehicles can transport people for a fee. Federal Motor Carrier Safety Administration regulates the field and sets the safety standards for commercial drivers, freight carriers and other employees in the field.
If you've been injured in a crash on a bus or you are a passenger in one, it is crucial to seek assistance from a New York City public transportation lawyer as quickly as you can. This will ensure that your rights are protected and that you don't accept any settlement offers from the bus company or their insurers.
The New York City bus system is a complicated network that includes trains, buses and stations. It connects all five boroughs. The bus routes are operated by the Metropolitan Transit Authority (MTA).
While the MTA does a lot to prevent injuries on its buses and train cars, accidents do occur. Thankfully, if you are ever injured in a train or bus crash, you can call an experienced NYC public transportation lawyer to ensure your rights and obtain compensation for your injuries.
Labor law
Truckers must be aware about labor law issues because they may be the subject of victimization by their employer and receive less than the legal minimum wage, or operate unsafe vehicles. Truckers who are knowledgeable about both federal and state laws can help them file an action against their employer and negotiate an agreement.
One of the most common trucking labor issues is the payment of hours spent. Traditionally, truck drivers get paid by the mile however this doesn't take into account all the time spent loading unloading, waiting for the truck to be ready and waiting for delays. PAM Transport was recently convicted of violating its contract , and was ordered to pay its truckers the minimum wage for all hours worked, including sleep.
This is a significant shift for the industry because truckers were considered independent contractors rather than employees for a long period. This could impact their rights to pay, benefits and even whistleblower protections.
Moreover, trucking companies often mistakenly classify their employees as independent contractors to avoid complying with the additional legal requirements that are required of an employee. This is a standard practice for employers that have to hire new drivers, however, it can pose a problem for truckers themselves.
The lawsuit against PAM Transport isn't the first time a trucking company has been sued over this issue. In fact, numerous other truckers have filed class action lawsuits against their employers because they didn't pay them properly.
These cases can be complex, but trucking lawyers who are knowledgeable of the complexities and laws of federal and state labor can take care of these cases. Along with assisting employees, a labor law attorney can help transportation companies protect themselves from wrongful actions by their truckers and deal with legal issues that arise in the day-to-day operations of an operation that involves trucks.
Contract issues
Lawyers who represent trucking companies can assist with contract issues such as broker/carrier agreements, transportation service agreements, and dedicated fleet contracts. They can also assist with the establishment of a company or winding down, as well as restructuring.
Furthermore, they can assist in FMCSA and DOT compliance as well as enforcement actions. They also can defend workers' compensation claims as well as accident claims.
They are well-versed in labor law and are able to ensure that their clients follow all legal requirements to avoid legal action, keep their business running smoothly, and avoid potential lawsuits. They can also represent truck drivers in union representation campaigns, collective negotiation negotiations, and National Labor Relations Board proceedings.
Another area of expertise is resolving no-fault insurance claims. The attorneys at FN&H have years of experience in this area, and they can also provide advice and defend trucking insurers regarding payment priority issues. They are particularly adept at solving no-fault claims in states with unique no-fault requirements and issues.
They can also defend clients against claims of exclusions from truckers. This includes matters pertaining to social security, workers' compensation, and business expenses that self-employed truckers face. They can also provide ongoing counsel for their clients, which can be important in a trucking industry which is often a target for legal issues.
When choosing a trucking lawyer it is crucial to remember that he/she she will have to represent you in court, so ensure that you select someone who will make you feel at ease and confident. It is essential to be able to talk about your concerns with your lawyer and that they can help you through this procedure without hassle. This is an ongoing relationship, so it is important to pick an attorney that you are at ease with and trust.