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State and federal regulations.
United States Department of Transportation Traffic Safety Administration data reveals over 500,000 truck accidents every year. Louisiana laws follows federal guidelines for all commercial motor vehicles subject to regulations of the United States Department of Transportation, 49 C.F.R. part 387, subpart A, assuring insurance coverage in an amount equivalent to the minimum levels of financial responsibility as set forth in those regulations.
As a means of reducing roadway dangers caused by a big truck’s size, braking distance, and cargo loads, commercial motor vehicle operators have imposed restrictions on their driving hours. The driver restrictions for trucks carrying property cargo are limited to maximum hours driven; minimum hours off duty; required rest breaks – may drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper berth period of at least 30 minutes and does not apply to drivers using either of the short-haul exceptions in 395.1(e). [49 CFR 397.5 mandatory “in attendance” time may be included in break if no other duties performed]; a 60/70 hour driving limit meaning a driver may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
Commercial driver penalties for offenses including:
Supporting evidence.
Additional evidence that may help to support a claim for damages and determinations of fault includes:
Comparative fault.
Under Louisiana’s comparative fault law — Louisiana Civil Code 2323. An award for damages can be reduced in proportion to the driver(s) percentage of his or her fault. This means that if you were 75% at fault, you could still recover 25% of your damages. The rule affects any type of personal injury claim including truck accidents.
Court awards.
Damages include those that address financial loss including lost wages, medical bills, and damage to property (compensatory) and those that seek punishment for the offenses causing the accident (punitive). Compensation will be based upon a review of injuries, property damage, pain and suffering and wrongful death claims.
Seek legal counsel.
If you have been in an accident that caused injuries and/or damages in Baton Rouge Louisiana, contact an experienced personal injury lawyer who understands truck industry regulations at Miller, Hampton & Hilgendorf. Tractor trailer truck accidents involve multiple complex factors that require specific knowledge of the commercial trucking industry, extensive experience in civil injury laws, and sophisticated investigative capabilities to collect evidence and analyze it to most strongly support a negligence claim.
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