Trucking Lawyers
It is essential to retain an experienced attorney when you are involved in a collision with a truck. They can assist you in identifying the parties at fault and ensure that you are compensated for your injuries.
A trucking lawyer will be aware of the various laws and regulations governing the industry. They will also keep current on the latest legal developments at the federal and state level.
Commercial vehicle damage claims
Lawyers for trucking represent victims of personal injury and accidental deaths caused by commercial vehicles, such as delivery vans and tractor trailers. These types of crashes are extremely complicated and require an attorney who knows the laws and regulations governing commercial trucks.
Commercial trucks pose more danger than smaller passenger vehicles like cars and pickup trucks because of their size and weight or heavy loads. They also have different requirements for insurance. Additionally commercial truck drivers are also governed by federal regulations that regulate their driving hours and their ability to carry hazardous substances.
These rules can be extremely difficult to comply with. A knowledgeable lawyer can aid victims of truck accidents caused by negligence or deliberate behaviour of a trucker or trucking company.
Damages sustained in a commercial vehicle crash can include future and past medical expenses, lost income, pain and suffering, and damaged property. The amount a victim will receive as a result of settlements will depend on the severity of their injuries and how severe the incident was.
Sometimes, the behavior that led to the truck crash might have been so outrageous or malicious that the victim's lawyer may be able to seek punitive damages to punish the driver or the company. This is usually a good idea for truck accident victims, as it can increase the amount they receive in settlements.
In the majority of cases, commercial trucking firms and their insurance companies will do everything they can to prevent paying out full compensation to victims of accidents. This means that any settlement offers will typically be lower than what you are entitled to.
FMCSA and DOT compliance
The Federal Motor Carrier Safety Administration (FMCSA) develops, implements and enforces regulations designed to prevent truck accidents, injuries and deaths. These regulations include limits on hours of maintenance, inspections, service, driver log books and more.
The FMCSA also has a system called the Safety Measurement System, which collects data from roadside inspections and state crash reports to determine carriers that may have an egregious history of unsafe driving or other issues that could result in collisions. The information is used to back a claim against a particular company like a driver or company that was in violation of safety regulations.
Another important DOT compliance issue is drug and alcohol testing of commercial drivers. Congress approved the Omnibus Transportation Employee Testing Act which requires DOT agencies to test safety-sensitive transportation employees for drugs and alcohol.
Individual agencies have their individual rules regarding the time and manner in which testing should be conducted. These rules are crucial for ensure that truck drivers and other transportation employees aren't impaired by alcohol or drugs working.
While these regulations are a great start, they often fall short of what is required to establish the industry standard for a negligence claim. This is because the actual industry standard may be more stringent than that which is set out by the FMCSA.
This is why it is important to work with an attorney who is knowledgeable of the federal and state laws and the many industry standards developed by trucking operators and companies to ensure safety on the road. An experienced lawyer can blend all these laws to make a strong case against negligent trucking companies or drivers.
Public transportation defense
Trucking lawyers are often experts in public transportation defense. They can assist businesses learn the complexities of transportation law and defend their clients' rights during legal proceedings.
It isn't easy to find legal assistance for an operator of a truck or a driver involved in an accident. Transportation accidents can be complicated and involve multiple parties. Therefore, it is important to find a reputable attorney who has experience in commercial transportation matters.
The trucks and other vehicles can transport people for a charge. Federal Motor Carrier Safety Administration regulates the industry and establishes the safety standards for freight carriers, commercial drivers as well as other people working in the field.
If you are injured in a bus crash or you are a passenger in one, it's important to consult a New York City public transportation lawyer as soon as possible. This will ensure that your rights are protected and you don't agree to any settlement offers made by the bus company or their insurance adjusters.
The New York City bus system is a vast system of trains, buses and stations that connects the five boroughs. The Metropolitan Transit Authority (MTA) manages bus routes across the region.
Although the MTA does a great job to prevent injuries on its trains and bus cars, accidents can still occur. Thankfully, if you are ever injured in a train or bus crash, you can call an experienced NYC public transportation lawyer to secure your rights and seek compensation for your injuries.
Labor law
The law of labor is crucial for truckers because they could be harmed by their employer, are paid less than is legally required or drive unsafe trucks. Truckers who are well-versed in both state and federal laws can assist in filing a complaint against their employer and negotiate an agreement.
One of the most common problems with trucking is the payment of hours spent. Truck drivers are usually paid per mile. But, this doesn't include the time they spend loading, unloading, or waiting for delays. A recent court ruling against PAM Transport has forced the company to pay its truckers a minimum wage for all hours they are working, including sleep time.
This is a significant change for the trucking industry since truckers have been treated as independent contractors instead of employees for a long period. This could impact their rights to pay or benefits, as well as whistleblower protections.
Additionally, trucking companies often mistakenly classify their employees as independent contractors, in order to avoid having to abide with more legal obligations that come with being an employee. This is a common practice for employers who have to recruit new drivers. However, it could cause problems for truckers.
This isn't the first suit filed against PAM Transport. In fact, many other truckers have filed class action lawsuits against their employers because they didn't pay them properly.
These types of cases are difficult to deal with, but they can be effectively handled by trucking lawyers who understand the complexities of state and federal labor laws. In addition to providing assistance to employees with their legal issues, a labor law attorney can help transportation companies defend themselves from the wrongful actions of their truckers and handle legal issues that arise in the day-today operations of a trucking company.
Contract matters
Trucking lawyers can assist companies in contract matters, such as broker/carrier transportation services, broker/carrier dedicated fleet contracts. They also can handle the company's formation, winding up, and restructuring issues.
They can also assist with FMCSA compliance and DOT compliance as well as enforcement proceedings. They can also defend against injury claims and workers compensation claims.
They are well-versed in legal issues related to labor law and will ensure that their clients comply with all legal requirements to avoid lawsuits and keep their businesses running smoothly. trucking accident can represent truck drivers in union representation campaigns, collective bargaining negotiations and National Labor Relations Board proceedings.
Another area of expertise is the resolution of no-fault insurance claim. The lawyers at FN&H are experts in this field and can advise and defend trucking insurance companies regarding the issue of priority of payments. They are particularly adept at the resolution of no-fault claims in states that have unique no-fault requirements and concerns.
In addition, they can defend clients against claims of exclusions for truckers. This includes issues related to workers' compensation or social security, as well as business expenses that self-employed truckers incur. They also offer ongoing guidance for their clients, which can be crucial in a business that frequently faces legal issues.
When you are choosing a trucking lawyer, it is important to keep in mind that he or is required to represent you in court, so ensure that you hire someone who will make you feel relaxed and confident. It is important to be able to talk about your concerns with the lawyer and that they will be able to guide you through this procedure without hassle. This will be an ongoing relationship and it is crucial to select an attorney you feel comfortable with and trust.