Trucking Accident Law – Truck Drivers Must Have Background Checks Done

The Federal Motor Carrier Safety Regulation (FMCSR) requires diligence on the part of a trucking company, not only when it employs a driver, but also after he/she begins operating one of its vehicles. In previous entries, we have discussed mandatory pre-employment background checks which must be conducted by trucking companies.

Section 391.25 of the FMCSR requires as well that a trucking company conduct a review of each of its driver’s driving records for the preceding 12 months. A motor carrier must also obtain reports from each of its drivers with a list of all violations of motor vehicle traffic law and citations of which the driver had been convicted and/or forfeited a bond or collateral during the preceding 12 months. trucking accident law

A trucking company must not only obtain such reports of employee/driver accidents or violations, but must also analyze these reports to determine whether any of the violations are such that the driver must be disqualified from driving for a period of up to one year. As in example, a disqualifying offense would be driving a trucking rig while under the influence of alcohol.
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In addition, a trucking company’s supervision obligations include the duty to monitor the actual hours being logged by its drivers to make sure that they are not operating their rigs more than is allowed by law. The failure to monitor driver logs can be a grounds of liability against a trucking company, particularly in situations where a fatigued driver causes a collision.

Thus, among the many duties imposed by the Federal Motor Carrier Safety Regulations, a trucking company must diligently supervise all of the drivers in its employ, not only checking out their background thoroughly before employing them, but also during the period of their employ, constantly monitoring their activities to make sure they are in compliance with all applicable safety regulations.

Failure to properly supervise a driver can be an independent basis for liability against a trucking company – as it should be.

The applicable regulation is reprinted below:

Background and character

§391.25 Annual inquiry and review of driving record. (a) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, make an inquiry to obtain the motor vehicle record of each driver it employs, covering at least the preceding 12 months, to the appropriate agency of every State in which the driver held a commercial motor vehicle operator’s license or permit during the time period.

(b) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, review the motor vehicle record of each driver it employs to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to §391.15.

(b)(1) The motor carrier must consider any evidence that the driver has violated any applicable Federal Motor Carrier Safety Regulations in this subchapter or Hazardous Materials Regulations (49 CFR chapter I, subchapter C).

(b)(2) The motor carrier must consider the driver’s accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicate that the driver has exhibited a disregard for the safety of the public.

(c) Record keeping. (1) A copy of the motor vehicle record required by paragraph (a) of this section shall be maintained in the driver’s qualification file.

(c)(2) A note, including the name of the person who performed the review of the driving record required by paragraph (b) of this section and the date of such review, shall be maintained in the driver’s qualification file.
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Carabin & Shaw P.C., Attorneys At Law
221 N Kansas St 7th Floor, El Paso, TX 79901
(915) 779-2301

Car Accident Attorneys – Personal Injury Lawyers

Car Accident Attorneys – Personal Injury Lawyers

Traffic accidents should be evaluated by car accident lawyer, particularly when they involve major injuries or fatalities.
While parties to a road accident normally consult insurance companies to resolve their claims, more serious situations call for the expertise of attorneys who specialize in truck, motorcycle or accidents. More information here @ https://no1-lawyer.com/

Parties involved in the car accident should immediately get in touch with a car accident lawyer following a car accident.

Some states abide by the “permanent injury rule,” which requires parties seeking recovery to prove that permanent injury resulted from the car accident. Recovery from the at-fault party may come in the form of lost wages and unpaid hospitalization and other medical costs that exceed the coverage of car insurance.

Settlement negotiations following car accidents, in most cases, primarily focus on determining what permanent injury is, and whether or not permanent injury was sustained.

You may contend that a spinal cord or brain injury, a broken bone and permanent scarring are apparent permanent injuries; however, auto insurance companies are likely to contest your claim.

To clear up the tight spot, you can contact a car accident attorney and overcome inaccurate determinations. Take advantage of free consultation services offered by car accident firms and lawyers.

Construction Accident Lawyer

On the other hand, a construction accident lawyer may be consulted if you incur injuries in a construction site accident, disabling you from doing the tasks you normally do. construction accident attorneys

Most construction sites in the United States may comply with safety standards and recognized hazard-free areas. Workers may also be trained to handle construction materials or operate machines under the strictest safety measures.

Despite these precautions, construction sites still face the possibility of being deadly zones with accidents brought about by faulty tools, defective equipment and malfunctioning machines.

Check with your attorney in cases of construction accidents such as falls, trench collapse or those that involve crane, scaffolding, welding and electricity in your work site.

Boat Accident Lawyer

Boating accidents, meanwhile, can occur during recreational activities, or may be of a large maritime scale such as with ships or vessels.

Whether you sustained injuries while aboard a cruise ship or got involved in any sea accident, a boat accident lawyer in can help you. Boat accident lawyers will advise and guide you through the legal process of recovering your claims for personal injury or property wrecks, or in some cases, fatalities.boat accidents

Remember to avoid signing any papers or making statements with respect to any car, construction or boating accidents without legal counsel from qualified accident attorneys. Contact reputed accident firms and set an appointment with car accident lawyers or boating and construction accident lawyers in the region to settle your claims. More info here @ https://fordandlaurel.com/

Personal Injury Attorneys – Car Accident Lawyer

Car Accident Lawyer>

Employing a Car Accident Lawyer is the most important requirement after joining the car accident. A professional lawyer who can do it for you is the number one benefit that is making accurate estimates of compensation for paying for all medical bills and other expenses that come from compensation. Another advantage of using the services of the Auto Accident Lawyer is that they know the right thing to ensure that there is no way of taking care of the entire medical bill of the auto accident victim.car accident lawyers

Should you decide to file a suit in the accident, a Free Lawyer Advice Car Accident can handle your case in court. The lawyer prepares all the necessary paperwork to proceed with the court proceedings. The lawyer will also assist you in obtaining compensation from the respondent. In addition to taking the culprit to court, the lawyer can also arrange a comfortable settlement outside the court. Here, the responsible party can agree to cover all medical and ethical damage, should you withdraw the case from the court. Getting compensation is not an easy task.

It involves various legal complications, which can only be handled by an experienced auto accident lawyer. The biggest thing about these lawyers in question is that their expertise is in such a world. They have got much information about the area under discussion and with the most recent changes in the law. They are also updated about different flaws that can prove to be very useful for their customers. Ma people believe that recruiting a Car Accident Lawyer assistance is a complete waste of time and money. But it is not even close to the truth.cqr accident lawyers

Before you can demand compensation for the loss, you have to establish it in court that the accident was not your fault and in fact, it was in someone else’s work. If you can not prove it, you will not be allowed to prosecute the other party. Ask your chosen Hempstead Car Accident Lawyer a question before hiring them. These questions will help you to determine whether you are getting a lawyer who will really help you.

Not all injury lawyers are experts car accidents, so it is important to ask them what their area of expertise is. Ask the attorney how ma matters she has handled like you and you feel that you have got the right person to represent you in your case. Asking for references is not something that can always be an attorney due to attorney-customer privacy but you may be able to seek references from other lawyers.

When To Hire A Traffic Accident Lawyer

When To Hire A Traffic Accident Lawyer

If you, or a member of your family have been injured in a highway car accident you can trust our firm. We have many years of experience in the negligence law field. You may wonder why an attorney is necessary? Money, is the key word here.car accident lawyers

Car Accident Lawyer

There is an opportunity that you can benefit from your injuries after a highway accident and you shouldn’t skip that opportunity. In order to do that you will need a legal representative to navigate your highway injury case as well as litigate in court. Not that you are not able to collect some evidence yourself, but the approach of a reputable attorney towards in them in front of the jury and the judge will certainly earn you a higher monetary relief. You will get the full and fair amount you deserve only if you hire a board certified personal injury trial lawyer.

According to the National Highway Traffic Safety Administration, the majority of highway accidents are caused by negligence, so such cases should be handled by negligence lawyers.

Here are some of the highway injury cases for which you will need legal assistance:

Car accident, caused by the driver’s distraction – texting, talking to other passengers, fiddling with the radio, etc.
Car accident, caused by driving while being intoxicated (drunk drivers)
Car accident, caused by speeding or aggressive driving
Car accident, caused by unexpected bad weather conditions
Car accident, caused by fatigue and sleepiness

car accident attorneys
When careless drivers are behind the wheel, the roads and highways become extremely dangerous. Bear in mind that you, as a driver are always put at risk if you detract your attention from the road for a moment. Negligence accident victims, unfortunately, suffer physically, emotionally, and financially. That is why they need a solid and aggressive legal representation. It can help them both recover financially and bring the positive optimistic spirit back to them. A skilled highway accident lawyer will work hard to help clients get their lives back after the misfortunate event, so do not miss your chance to get one if injured in similar circumstances. Call us today for a free consultation.