Jurisprudence


Texas Truck Accident Cases Differ from Car Accident Cases Due to FMCSRs

Truck accidents are often more serious than collisions which involve only passenger vehicles. Victims are more likely to sustain grave injuries or be killed in truck accidents. Insurance Institute for Highway Safety indicates around 70 percent of the victims who die in fatal truck accidents aren’t in the truck but are instead pedestrians, motorcyclists, bikers, or occupants of other cars on the road.  Victims who get hurt in truck accidents need to understand what their rights are and how truck accident cases differ from many other types of car accident injury claims.

Federal Rules Make Truck Accident Cases Different

One of the most fundamental things truck accident victims need to understand is how federal regulations, called Federal Motor Carrier Safety Regulations (FMCSRs) affect their truck accident claim.

Federal Motor Carrier Safety Regulations affect their claims, first and foremost, by guaranteeing there is much more insurance coverage available to pay for losses and damages than there would be in a typical car accident case involving two cars only. In Texas, drivers of passenger vehicles have to buy $30,000 per person and $60,000 per accident in liability coverage. This means if a driver causes a collision and three people get hurt, each person could get up to $30,000 but the total amount which would be paid out to all three victims by the insurance would not exceed $60,000.

In truck accident cases, however, there is much more coverage available. Federal Motor Carrier Safety Regulation no. 387.9 requires at least $750,000 in liability insurance coverage be carried for most typical commercial trucks. If there is a truck which transports hazardous materials, the minimum liability coverage limits could be $5 million.

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The Law Offices of Gene Hagood 1001 Westloop South, Suite 745 Houston, TX 77027 (713) 888-0390 Click To View Map
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Snow & Ice On Top of Trucks Increases Risk of Detroit Truck Accidents

When you think of winter truck accidents in Detroit, most people think of snow and ice on the roads which could cause a truck to spin out of control. While this is a concern, it is not the only concern. There is another place that snow and ice could form as well: the tops of tractor trailers.  If not properly cleared off, snow and ice on top of a tractor trailer could fly off as the trucker is driving. Recently, when a large chunk of ice and snow fell off a tractor trailer, it ended up hitting the windshield of an SUV, breaking the windshield, and causing the SUV driver to sustain an injury.

Prevention of crashes caused by snow and ice falling off trucks is important. Some states have already passed laws imposing an affirmative responsibility on truck drivers to clear off their trucks. Other states are considering the passage of such laws. Penske warns that truck drivers who travel throughout the country and who cross state lines must be aware of the different rules in the states they are crossing to so they will understand their obligations for the removal of snow and ice.

States Require Snow and Ice Removal to Reduce Truck Crash Risks

Trucking Info reported on some of the new efforts under way by states to make sure truckers are held accountable if they do not clear snow and ice off their vehicles. In one proposed law, there would be an affirmative responsibility to take reasonable steps for snow and ice removal imposed upon any trucks weighing 48,000 pounds or greater.  Truckers could be pulled over and given a citation and fine just for failure to remove snow, even if nothing went wrong. If snow and ice wasn’t removed and fell off the truck and caused property damage or an accident, the trucker would be fined up to $1,000.

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Fraser & Souweidane, P.C. 10 South Main Street, Suite 302 Mount Clemens, MI 48043 Phone: 866-465-9095
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How FMCSRs Affect Youngstown Truck Accidents

When Ohio truck accidents occur, victims must understand how rules called Federal Motor Carrier Safety Regulations (FMCSRs) affect their case.  FMCSRs make truck accident claims very different than typical car accident claims and victims need to know the implications for proving their case and recovering compensation.

How FMCSRs Can Affect Your Truck Accident Case

One of the most important ways federal rules affect truck accident cases is by setting minimum insurance requirements for trucking companies.  Federal Motor Carrier Safety Regulations require trucks have $750,000 minimum in liability coverage under most circumstances. FMCSR 387.9 also mandates higher levels of liability coverage under certain circumstances. For example, in a situation where a truck is transporting hazardous material, the minimum liability coverage could be as high as $5 million.

When there is more insurance coverage available, there is more money available to potentially pay out a truck accident settlement or to fully compensate a truck crash victim who has been hurt.  Victims need to be aware of these minimum liability coverages when negotiating a settlement so they will not settle for a lower amount of money than they actually deserve. The fact trucking companies are required to carry insurance policies with such high limits also makes it important for crash victims to determine if they can sue the trucking company as well as the truck driver. Usually, a truck accident victim can pursue a case against the trucker’s employer because the trucker acts as the company’s agent while on duty.

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Gervelis Law Firm 1650 W. Market Street - Suite 30 Akron, OH 44313 330.835.2943
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Columbia College Students Can See a Career Derailed by DUI

For students at Columbia College, drinking is often a part of campus life.  Unfortunately, this can result in accusations of drunk driving. People who are under the age of 21 and who drink while on campus could be caught up in zero tolerance laws. Even a single drink could result in a blood alcohol concentration (BAC) which is a violation of zero tolerance rules prohibiting all impaired driving in those who are underage. For older college students who have turned 21, it also does not take many drinks to get a BAC of .08 or higher and end up arrested.

When a college student is arrested, or any young person is charged with impaired driving, this criminal charge and a resulting conviction could have a profound impact on future opportunities. For young people who may wish to pursue further education and who are not yet established in their careers, a South Carolina DUI charge could be even more devastating than for older adults.  Fighting against conviction and aiming to avoid a criminal record becomes even more essential for young motorists.

Young Adults Remain Demographic Group with High DUI Rate

Recently, NewsOK reported on the fact the rates of impaired driving are disproportionately higher for young adults as compared with other demographic groups. The age group of people most likely to be involved in n accident while impaired by alcohol was actually people aged 21 to 24. The demographic group with the next highest rates was 25 to 34 and then 35 to 44.  People who turn 21 and are legally able to drink for the first time are often out on their own, still finishing up college and still with tremendous opportunity to consume too much alcohol as part of their normal social lives.

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Matt Bodman, P.A. 1500 Calhoun Street Columbia, SC 29201 Toll Free: 866-487-9077 Local: 803-806-8605
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