Trucking Lawyers
It is important to hire an experienced attorney if you are involved in a trucking collision. They can assist you in locating all the responsible parties and ensure you get compensation for your injuries.
A lawyer for trucking is informed about the many laws and regulations governing the industry. They are up-to-date with the latest developments in the legal field at both federal and state levels.
Commercial vehicle damage claims
Lawyers from the trucking industry handle personal injuries and wrongful deaths involving commercial vehicles such as tractor trailers, delivery vans and big rig trucks. These types of crashes are extremely complex and require an attorney who is familiar with the laws and regulations that govern commercial vehicles.
Commercial trucks pose more danger than smaller passenger vehicles like pickup trucks because of their size, weight, or heavy loads. They also have different requirements for insurance. Additionally, commercial truck drivers are also governed by federal regulations that govern their hours of operation and their ability to carry hazardous substances.
These rules can be very difficult to comply with. A lawyer with experience can help victims of truck accidents that were caused by negligence or deliberate behavior of a truck driver or trucking company.
Commercial vehicle accidents can result in injuries such as past and future medical expenses, lost income and property damage. The severity of the injuries and the nature of the accident will determine the amount of compensation victims will be awarded.
In some cases the behavior that led to the commercial truck crash could have been so extreme or blatant that the victim's lawyer might be able to seek punitive damages as a means of retribution against the driver or the company. Accident victims of trucks often consider this to be beneficial, as it can increase their settlements.
Most often commercial trucking and insurance companies will do everything possible to not pay full compensation to victims of accidents. This means that any settlement offers will typically be far less than the amount you're entitled to.
Compliance with FMCSA and DOT
The Federal Motor Carrier Safety Administration (FMCSA) creates regulations, enforces and implements them designed to stop truck accidents, injuries and deaths. These regulations restrict hours of service and inspections maintenance, logbooks for drivers and other information.
The FMCSA also offers an Safety Measurement System. This system collects data from state crash reports and roadside inspections to determine carriers that have an history of unsafe driving. The data can be used to prove a case against a company, such as a driver or company that was in violation of safety regulations.
Another critical DOT compliance issue is drug and alcohol testing for commercial drivers. Congress passed the Omnibus Transportation Employee Testing Act which requires DOT agencies to test safety-sensitive transportation employees for alcohol and drugs.
In addition to the DOT's rules for all departments the individual agencies have their specific rules on when and how testing should be conducted. These rules are crucial to ensure that truck drivers and other transportation employees aren't impaired by alcohol or drugs while on the job.
While these regulations are a great start, they often fall short of what is required to establish the industry standard for the event of a claim for negligence. This is because the real industry standard could be more stringent than that which is set by the FMCSA.
This is why it is crucial to hire an attorney who is knowledgeable of the federal and state laws, as well as the many industry standards that are developed by trucking companies and individual operators to ensure safety on the road. A skilled lawyer can weave all of these different regulations together to create a compelling case against the negligent trucking company, or driver.
Public transportation defense
Trucking lawyers are typically experts in defense of public transportation. These lawyers can aid companies get the most out of the law of transportation while protecting their clients' rights during legal instances.
It can be difficult to find legal assistance for an operator of a truck or a driver involved in an accident. The legal issues that arise from accidents involving transportation are typically complex, and they can involve many parties. This is why it's important to hire a skilled attorney who is experienced in handling commercial transportation matters.
In addition to transporting people trucks and other transport vehicles transport items for a fee as well. Federal Motor Carrier Safety Administration regulates the industry and establishes security standards for commercial drivers, freight carriers and other employees in the field.
A New York City public transport lawyer is recommended if you have been injured in a bus accident, or in one. This will help ensure that your rights are protected and you do not agree to any settlement offer made by the bus company or their insurance adjusters.
The New York City bus system is a vast network of buses, trains and stations that connects the five boroughs. The Metropolitan Transit Authority (MTA) runs bus routes throughout the region.
Although the MTA does a great job to prevent injuries on its trains and buses cars, accidents do occur. Fortunately, if ever injured in a train or bus accident, you can reach an experienced NYC public transportation lawyer to help you ensure your rights and obtain compensation for your loss.
Labor law
Truckers need to be conversant with labor law issues , as they may be the subject of the wrath of their employer and receive less than the legal minimum, or operate unsafe trucks. Truckers who are well-versed in both federal and state laws can assist in filing a complaint against their employer, and negotiate a settlement.
One of the most common trucking labor issues is the payment of hours worked. Truck drivers are typically paid per mile. But, this doesn't reflect the time that is spent loading, unloading, and waiting for delays. A recent ruling by a court against PAM Transport has forced the company to pay its truckers a minimum pay for all hours they are working, including sleep time.
This is a major shift in the industry, as truckers were treated as independent contractors, not employees for a long time. This could impact their rights to wages and benefits, and even whistleblower protections.
Trucking companies also mistakenly classify their employees as independent contractors to avoid having to meet the legal obligations of being an employee. This is a common practice among employers who need to hire new drivers, but could pose a problem for truckers as well.
truck crashes isn't the first lawsuit filed against PAM Transport. In fact, several other truckers have filed class action lawsuits against their employers for not paying them in a timely manner.
These cases can be complex however trucking attorneys who are knowledgeable of the laws and nuances of both state and federal labor can take care of them. A labor law attorney can support employees and assist transport companies defend themselves against wrongful actions by truckers. They can also address legal issues that arise in the day-to-day operations of a business that involves trucks.
Contract issues
Trucking lawyers can assist companies with contract-related issues, such as broker/carrier transportation services, broker/carrier dedicated fleet contracts. They can also help with the formation of companies as well as winding down and restructuring.
They can also help with FMCSA compliance and DOT compliance and enforcement proceedings. They also can defend workers' compensation claims and accident claims.
They are knowledgeable about labor law and are able to ensure that their clients follow all legal requirements to avoid lawsuits, keep their business running smoothly, and avoid potential lawsuits. They also assist and 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 disputes. The attorneys at FN&H are experts in this area and are able to counsel and defend trucking insurance companies on payment priority issues. They are especially adept at the resolution of no-fault claims in states that have unique no-fault laws and regulations.
They can also defend clients against claims of trucker exclusions. This includes matters pertaining to social security, workers' compensation, and the business expenses that self-employed truckers incur. In a trucking industry that is frequently faced with legal issues, they can provide ongoing counsel to their clients.
When choosing a trucking lawyer it is important to remember that he/she she will have to represent you in court, so ensure that you choose someone who can make you feel confident and comfortable. Also, make sure that you are able to discuss your concerns with them and that he or is able to guide you through the process without any problems. This is an ongoing relationship, and it is a good idea to choose an attorney you feel at ease working with.