From the perspective of highway safety, rules and regulations on truck drivers are important both to improve safety for all motorists and to provide a basis for injured motorists to recover damages from truckers who fail to follow the law. This is especially true with respect to truckers and their employers who habitually break the law and have a bad safety record.
As we’ve pointed out before in the context of the federal hours-of-service rules, any personal injury case must be able to establish that the individual responsible for the accident had a legal duty but failed to abide by it, and that the breach of duty caused harm to the plaintiff. There are a variety of ways to establish breach of duty depending on the circumstances of the case. In some cases, it will be moving violations, in other cases it will be failure to properly maintain a vehicle in working order, in other cases it will be failure to follow federal safety rules.
Whatever the circumstances of the case, an experienced advocate can help ensure that a plaintiff presents the strongest possible case in court and works to maximize his or her damages award.