TRUCK ACCIDENT LAWYER: TRUCK ACCIDENT LAWS YOU SHOULD KNOW

After a truck crash, knowing your rights is crucial—and that starts with understanding the laws that govern commercial vehicles. A truck accident lawyer specializes in these cases because they involve complex legal rules, multiple parties, and powerful corporations. If you or a loved one was injured, here are the laws that can impact your case.

FEDERAL MOTOR CARRIER SAFETY REGULATIONS (FMCSR)

All trucking companies and commercial drivers in the U.S. must follow the FMCSA regulations. These laws are designed to reduce accidents and hold carriers accountable:

• ✅ Hours of Service (HOS): Limits how long a driver can be on the road without rest

• ✅ Drug & Alcohol Testing: Mandatory testing for drivers before and after accidents

• ✅ Vehicle Maintenance: Trucks must be regularly inspected and maintained

• ✅ Driver Qualifications: Drivers must have valid CDLs and meet safety standards

Violations of these rules are often central to a truck accident claim.

STATE-SPECIFIC TRUCKING LAWS

Each state has its own laws that may influence liability and recovery:

• ✅ Weight limits and route restrictions

• ✅ Oversized load permits

• ✅ Minimum insurance coverage requirements

• ✅ State negligence and liability statutes

A local truck accident lawyer understands how state law overlaps with federal rules.

NEGLIGENCE AND LIABILITY PRINCIPLES

Truck accident cases rely on proving negligence. Your lawyer must show:

• ✅ The defendant owed a duty of care

• ✅ That duty was breached (via unsafe driving or violations)

• ✅ The breach caused the accident

• ✅ You suffered damages (medical bills, lost income, etc.)

Experienced lawyers gather the evidence needed to meet each legal requirement.

COMMON TRUCK ACCIDENT VIOLATIONS

Truckers and companies may violate rules that lead to serious crashes:

• ✅ Driving too long without rest (HOS violation)

• ✅ Poorly loaded or overweight cargo

• ✅ Skipping maintenance or using defective parts

• ✅ Distracted or impaired driving

Each of these can serve as evidence of negligence in your claim.

COMPARATIVE FAULT LAWS

Some states use comparative negligence, which means:

• ✅ You can recover damages even if partially at fault

• ✅ Your compensation is reduced by your percentage of fault

• ✅ If you’re more than 50% at fault (in some states), you may recover nothing

A truck accident lawyer helps minimize your fault percentage to maximize your compensation.

WRONGFUL DEATH AND SURVIVAL LAWS

In fatal truck accidents, additional laws apply:

• ✅ Wrongful death laws allow family members to sue for loss of support

• ✅ Survival statutes let the estate claim damages the deceased could have recovered

• ✅ Time limits (statutes of limitation) vary by state

These laws are complex—and emotional. Legal guidance is essential.

STATUTE OF LIMITATIONS

Every state sets a deadline for filing a truck accident lawsuit:

• ✅ Most states require filing within 1 to 3 years of the crash

• ✅ Missing this deadline could mean losing your right to compensation

• ✅ Some exceptions apply for minors or hidden injuries

Your lawyer files all necessary documents on time to keep your case moving forward.

WHAT WE WANT TO EXPLAIN IN THIS ARTICLE

Truck accidents differ from typical car crashes because federal rules, state laws, and complex legal doctrines govern them. A qualified truck accident lawyer knows which laws apply to your case, how to prove violations, and how to hold all responsible parties accountable.