Trucking Lawyers
If you're involved with a trucking accident, it is important to hire an experienced attorney. They can assist you in identifying the parties at fault and ensure that you are compensated for your injuries.
A trucking lawyer will be aware of the various laws and regulations that govern the industry. They will keep abreast of the latest legal developments at both the state and federal levels.
Commercial vehicle damage claims
Lawyers from the trucking industry handle personal injury and wrongful death cases involving commercial vehicles such as tractor trailers, delivery vans and big rig trucks. These types of crashes are very complex and require an attorney who knows the laws and regulations that govern commercial trucks.
The huge size and weight as well as the heavy loads of commercial trucks make them more hazardous than passenger vehicles that are smaller in size, such as pickup trucks or cars. They also have different insurance requirements and liability policies. In addition commercial truck drivers are controlled by federal regulations that regulate their driving hours as well as their ability to carry hazardous materials.
These regulations can be extremely difficult to comply with. A lawyer with experience can help victims of truck accidents that were caused by negligence or deliberate conduct by a truck driver or trucking company.
Damages in a commercial vehicle accident could include future and past medical expenses and lost income, as well as suffering and damaged property. The amount of money that victims are entitled to in a settlement depends on how serious the injuries are and how severe the accident was.
In certain instances the behavior that caused the accident with a commercial truck could have been so extreme, outrageous, or malicious that the accident victim's lawyer may be able to claim punitive damages as means of retribution against the driver or the company. The victims of truck accidents often see this to be a good thing because it will increase their settlements.
In the majority of instances, commercial trucking companies and their insurance companies will do all they can to avoid paying full compensation to victims of crashes. That means that early settlement offers will generally be much less than what you are entitled to.
FMCSA and DOT compliance
Federal Motor Carrier Safety Administration is responsible for formulating, implementing and enforcing regulations to prevent accidents, injuries, and deaths. These regulations include restrictions on hours of service and inspections maintenance, log books for drivers, and other details.
The FMCSA also has a system dubbed the Safety Measurement System, which collects data from roadside inspections and state crash reports to pinpoint carriers that might have an egregious history of unsafe driving or other problems that could lead to an accident. These data can be used to back an action against the company for example, a driver who was in violation of safety regulations or an organization.
Another crucial aspect of DOT compliance is the drug and alcohol testing of commercial drivers. The Omnibus Transportation Employee Test Act was approved by Congress. It stipulates DOT agencies to ensure that safety-conscious transportation employees be tested for alcohol and drugs.
In addition to the DOT-wide regulations the individual agencies have their individual rules for when and how testing should take place. These rules are essential to ensure that truck drivers and other transport employees aren't under the influence of alcohol or drugs working.
These regulations are a great beginning, but they frequently aren't as strict as the industry standard for negligence claims. This is because the FMCSA might not be able set the industry standard.
This is why it's crucial to hire an attorney who is knowledgeable of both state and federal laws and the numerous industry standards that are developed by trucking operators and other companies to ensure safety on the road. A skilled lawyer can mix all these regulations to create a strong case against negligent trucking companies or drivers.
Public transportation defense
Public transportation defense is a particular area of law that trucking lawyers frequently specialize in. They can assist companies learn the complexities of transportation law and safeguard their clients' rights during legal instances.
It isn't easy to find legal help for a trucking company or driver involved in an accident. The legal issues involved in an accident involving transportation are typically complex, and they can involve a variety of parties. This is why it's important to hire a skilled lawyer who has handled commercial transportation matters.
Trucks and other types of vehicles can transport people for a charge. Federal Motor Carrier Safety Administration regulates the field and sets the safety standards for commercial drivers, freight carriers as well as other people working in the field.
If truck accidents lawyer are injured in a collision with a bus or you are a passenger in one, it is essential to seek the help of a New York City public transportation lawyer as quickly as you can. This will ensure that your rights are protected and that you don't accept any settlement offers from the bus company or their insurance.
The New York City bus system is a complex system of trains, buses and stations that connects the five boroughs. The Metropolitan Transit Authority (MTA) manages bus routes throughout the region.
While the MTA is able to prevent injuries on its train and bus cars, accidents do happen. If you are ever hurt in a bus or train accident, you should contact an experienced NYC public transport lawyer to protect your rights and obtain compensation for your losses.
Labor law
Truckers should be knowledgeable with labor law issues as they could be a victim of victimization by their employer or receive less than the legal minimum, or operate unsafe vehicles. A lawyer for truckers who knows both state and federal laws can assist them to submit a complaint to their employer and negotiate an agreement on their behalf.
The payment of hours worked is among the most frequently encountered issues encountered in trucking. Truck drivers are usually paid per mile. However, this doesn't take into account the time spent loading, unloading, or waiting for delays. PAM Transport was recently convicted of violating its contract and was ordered to pay its truckers a minimum wage for all hours worked, including sleeping.
This is a major shift for the industry as truckers have been considered independent contractors, not employees for a long time. This could impact their rights to wages, benefits and even whistleblower protections.
In addition, trucking firms often incorrectly classify their employees as independent contractors in order to avoid a need to comply with more legal obligations that come with being an employee. This is a common practice for employers that have to recruit new drivers, but could be a problem for truckers themselves.
This isn't the first lawsuit brought against PAM Transport. In fact, numerous other truckers have filed class action lawsuits against their employers for not paying them in a timely manner.
These types of cases can be challenging to deal with, but they can be dealt with efficiently by trucking attorneys who are knowledgeable about the intricacies of federal and state labor laws. In addition to helping employees as well as their employers, a labor lawyer will help transportation companies protect themselves from any wrongdoings by their truckers and handle legal issues that arise during the day-to-day business of running a trucking company.
Contract issues
Lawyers who represent trucking companies can assist with contract issues such as carrier/broker agreements, transportation services agreements, and dedicated fleet contracts. They can also assist with the establishment of a company or winding down, as well as restructuring.
They can also assist with FMCSA compliance and DOT compliance and enforcement proceedings. They also can defend workers' compensation claims as well as accident claims.
They are well-versed in labor law and can make sure that their clients adhere to all legal requirements to avoid lawsuits, ensure their business is running smoothly, and avoid any potential lawsuits. They also can represent truck drivers in union representation campaigns, collective bargaining negotiations and National Labor Relations Board proceedings.
Another area of expertise is resolution of no fault insurance cases. The attorneys at FN&H have vast experience in this field and are able to advise and defend trucking insurers on payment priority issues. They are particularly adept at the resolution of no-fault claims in states that have specific no-fault rules and regulations.
They also have the ability to defend clients against claims of exclusions for truckers. This can include issues related to social security as well as workers' compensation and the business expenses that self-employed truckers have to pay. In a field that is frequently faced with legal issues, they may offer ongoing advice to their clients.
It is important to remember that your lawyer for trucking will represent you in court. Therefore, make sure to choose someone who makes you feel comfortable and secure. You should also ensure that you have the ability to discuss your concerns with the lawyer and that he she will be able to guide you through the process without hassles. This is an ongoing relationship, therefore it is essential to choose an attorney you feel comfortable with and feel confident in.