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In truck accident lawsuits, commercial motor carriers must know, train and comply with FMCSRs

Tip No. 11 for truck attorneys: highlight the truck company’s negligence in not knowing or ignoring mandatory safety rules

Here’s my latest tip in my series of posts for attorneys handling truck accident lawsuits. It’s an important Federal Motor Carrier Safety Rule, but one often neglected or ignored by trucking companies.

Trucking companies must be familiar with mandatory trucking safety regulations, and they have a responsibility to instruct their drivers, dispatchers and employees about these safety rules (49 C.F.R. § 392.1).

Further: “Every motor carrier, its officers, agents, representatives, and employees responsible for the management, maintenance, operation, or driving of commercial motor vehicles, or the hiring, supervising, training, assigning, or dispatching of drivers, shall be instructed in and comply with the rules in this part.”

Here’s more to the rule:

  1. Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter which are applicable to that motor carrier’s operations.
  2. Every driver and employee shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter.
  3. All motor vehicle equipment and accessories required by this subchapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter (49 C.F.R. § 390.3(e).

Trap: A common mistake truck attorneys make is failing to sue the commercial motor carrier for direct negligence.

Litigation tip:
I’ve taken a few hundred trucking depositions, and I’ve probably tried as many truck accident injury cases to verdict as any lawyer in the country (note – of the dozen or so lawyers who say they are “truck accident lawyer specialists,” at least half have never even taken a trucking case all the way to trial.  The adage “buyer beware” applies to hiring a lawyer, just like everything else in life.  But I digress.). Why is this rule important?  It avoids the blame game that otherwise ensues where each person who you depose says they don’t know and it (safety, knowledge of the rule, the law, the required task, etc.) was another person’s job.  Safety is everyone’s job.

Related information:

When motor carriers break the law

 

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Blog Author Steven M. Gursten
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