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K. Lindsay Rakers
K. Lindsay Rakers
Attorney • (314) 588-8500

A Tractor Trailer Case Doesn't Require a Tractor Trailer!

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Not all trucking accidents involve 18 wheelers. The Federal Motor Carrier Regulations (FMCSR) state that any accident involving a vehicle weighing more than 10,001 pounds may be treated as a trucking crash instead of a car crash. This is an important distinction as it raises the level of care due owed to the victim and increases the potential maximum payout. If you have been involved in an automobile accident which you believe may be considered a trucking accident it is important to understand the applicable regulations so that you receive the best legal support.

Trucking crashes are governed by their own distinct regulations, and may be applicable to accidents involving pickup trucks and other small commercial vehicles. Under the FMCSR, commercial vehicles are defined as any vehicle weighing more than 10,001 pounds. Further restrictions apply if the vehicle weighs more than 26,000 pounds, requiring the operator to carry a valid commercial driver’s license.

The heightened level of care required of truck operators applies to almost all trucks and commercial vehicles, with the breach of such duty resulting in a violation of due care and the potential for negligence in an accident lawsuit.

Commercial Vehicle due care may include:

– Proper registration of the vehicle;

– Proper licensure and qualifications of the vehicle operator;

– Safe operation of the vehicle ;

– Compliance with allowed driving times and total driving hours; and

– Regular inspections and safety checks.

Commercial vehicles owe all travelers a due level of care and have a responsibility to those with whom they share the road. If you have been injured by a commercial vehicle it is important that you seek legal consultation immediately. Stay safe on the road, and know your rights.