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(314) 500-HURTTruck accidents occur for various reasons, including reckless driving, poor weather conditions, overspeeding, and mechanical failure. The sheer size of trucks creates a substantial force upon impact, resulting in severe injuries and bodily damage.
Victims of truck accidents who sustain injuries might face mounting medical bills, permanent disfigurement, and lost wages. While most victims obtain compensation from the at-fault party’s insurer, some file a lawsuit to pursue a fair settlement for their losses.
Litigation attorney
“I’ve dedicated my entire life to helping our clients receive full compensation for their injuries.”
Gary Burger
Although injured victims file lawsuits to obtain sufficient damages for their injury-related losses, several factors can influence their outcome, including federal regulations.
More importantly, working with a trusted St. Louis truck accident attorney increases your chances of obtaining a positive outcome.
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The FMCSA is an agency in the U.S. Department of Transportation that regulates the trucking industry.
The FMCSA has a set of regulations that affect every aspect of commercial truck industry, including:
The FMCSA rules apply to truck companies’ employees, employers, and commercial trucks, whether owned, leased, rented, or borrowed.
The FMCSA agency can discover breaches during a compliance review, terminal audit, roadside inspection, or complaint submission. Then, the agency issues a notice of claim to commence the formal agency enforcement process.
The agency can issue a fine to the driver or their employer, with a driver potentially losing their job. The liable parties resolve their violations by paying the penalty or entering into a settlement agreement, which includes remedial actions.
If an injured victim can provide evidence of an FMCSA violation, they’re in a better position to prove negligence for the at-fault party. In a nutshell, the availability of evidence that the at-fault party failed to uphold FMCSA regulations is a strong indicator of negligence.
A truck accident attorney can compile evidence of past and present violations that form a pattern of violent negligent conduct. Most FMCSA violations create dangerous driving conditions that contribute to truck accidents.
Suppose a trucking company failed to uphold regular inspection and maintenance standards. In that case, the court can find them liable for a truck accident due to technical issues such as brake failure.
Although FMCSA regulations are legal regulations, the court applies them as law for negligence per se purposes, often making it easier to negotiate a favorable settlement with the at-fault party’s insurer.
If you suffer injuries in a truck crash, seek representation from an experienced attorney from Burger Law today. We will aggressively fight to protect your rights.
Contact us online or at (314) 542-2232 for a free case evaluation.
Founder | Injury AttorneyGary Burger
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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