Trucking Lawyers
If you're involved in a trucking accident, it's essential to work with an experienced attorney. They can assist you in locating all liable parties and ensure that you receive compensation for your injuries.
Lawyers for trucking will be aware of the laws and regulations that govern the business. They will keep abreast of the most recent developments in law at both federal and state levels.
Commercial vehicle damage claims
Lawyers representing people who have suffered personal injury and death-in-the-family involving commercial vehicles, like delivery vans and tractor trailers. These kinds of crashes are very complex and require an attorney who is aware of the laws and regulations that govern commercial trucks.
The size and weight as well as the large loads of commercial trucks make them more dangerous than smaller passenger cars like pickup trucks or cars. They also have different requirements for insurance. Federal regulations regulate commercial truck drivers and their driving hours and their ability to transport hazardous materials.
These rules can be challenging to adhere to. If a truck crash is caused by negligence or willful conduct by the truck driver or trucking company, a knowledgeable lawyer can assist injured victims recover damages.
Damages in a commercial vehicle accident could include future and past medical expenses loss of income, suffering and damaged property. The extent of the injuries as well as the severity of the accident will determine the amount of compensation victims should receive.
Sometimes, the actions that caused the truck accident may be so outrageous or shady that the victim's lawyer could be able to pursue punitive damages to punish the driver or company. Many victims of truck accidents consider this to be a positive thing since it can boost their settlements.
In most cases insurance companies and commercial trucking companies will do everything possible to avoid paying full compensation to victims of accidents. This means that any settlement offers will generally be far less than the amount you deserve.
Compliance with FMCSA and DOT
The Federal Motor Carrier Safety Administration (FMCSA) creates, implements and enforces regulations designed to stop truck accidents , injuries and deaths. These regulations include restrictions on hours of maintenance, inspections, service as well as logbooks for drivers and more.
The FMCSA also has an Safety Measurement System. This system analyzes state crash reports and roadside inspections to determine carriers that have histories of unsafe driving. The information is used to support a claim against a business like an employee or a company that did not comply with safety regulations.
Another important DOT compliance issue is drug and alcohol testing for commercial drivers. Congress approved the Omnibus Transportation Employee Testing Act, which requires DOT agencies to test safety-sensitive transportation workers for drugs and alcohol.
In addition to the DOT's rules for all departments, individual agencies have their individual rules for when and how testing must be conducted. These regulations are essential to ensure that truck drivers and other transport workers aren't intoxicated by alcohol or drugs while working.
While these regulations are a good beginning, they often fall short of what is needed to establish the industry standard in a negligence claim. This is because the true industry standard may be higher than the one that is set forth by the FMCSA.
It is crucial to consult with an attorney who is familiar with both state and federal laws. An experienced lawyer can weave these regulations together to make a convincing case against a negligent trucking company or driver.
Public transportation defense
Public transportation defense is a particular area of law that trucking lawyers typically specialize in. These lawyers can help businesses learn the complexities of transportation law and also protect their clients' rights during legal instances.
If a trucking business or its driver is involved in an accident, it could be difficult to figure out whom to seek legal help. The legal issues that arise in the aftermath of a crash in transportation are usually complicated, and can involve many parties. Therefore, it is important to locate a competent attorney who has experience in commercial transportation matters.
In addition to transporting people, trucks and other transport vehicles transport items for a fee as well. Federal Motor Carrier Safety Administration regulates the industry and sets the safety standards for freight carriers, commercial drivers, and others working in the field.
If you are injured in a collision with a bus or you are a passenger in one, it's essential to seek the help of a New York City public transportation lawyer as soon as you can. This will ensure that your rights are protected and you aren't able to 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 connect the five boroughs. The bus routes are run by the Metropolitan Transit Authority (MTA).
Although the MTA is able to prevent injuries on its trains and bus vehicles, accidents still occur. If you're ever injured in a bus or train crash, you can contact an experienced NYC public transportation lawyer to help you protect your rights and recover compensation for your loss.
Labor law
Labor law matters are important for truckers, as they could be victimized by their employer, get paid less than what is legally required, or operate unsafe trucks. Truckers who are aware of both state and federal laws can help them file a complaint against their employer, and negotiate an agreement.
One of the most frequently-asked problems with trucking is the payment of hours spent. Traditionally, truckers are paid by the mile; however, this doesn't account for the hours spent loading and unloading their trucks and waiting for delays. A recent court ruling against PAM Transport has forced the company to pay its truckers minimum wage for all hours they work, which includes sleep time.
This is a significant change for the industry, since truckers have been for a long time considered independent contractors instead of employees. This could affect their rights to wages and benefits, as well as whistleblower protections.
Moreover, trucking companies often incorrectly classify their employees as independent contractors in order to avoid having to comply with the additional legal requirements that come with being an employee. This is a common practice by employers that need to recruit new drivers. However, it could cause issues for truckers.
The lawsuit against PAM Transport isn't the first time a trucking company has been sued for this issue. In fact, numerous other truckers have filed class action lawsuits against their employers because they didn't pay them properly.
These kinds of cases are difficult to handle, but they can be dealt with efficiently by trucking lawyers who understand the complexities of state and federal labor laws. Along with assisting employees with their legal issues, a labor law attorney can help transportation companies defend themselves from any wrongdoings by their truckers, and also deal with legal issues that arise in the day-to-day operations of a trucking company.
Contract issues
Lawyers for trucking can assist businesses with contract issues, such as broker/carrier, transportation services, and dedicated fleet contracts. They can also assist with the establishment of a company as well as winding down and restructuring.
Additionally, they can assist with FMCSA and DOT compliance and enforcement actions. They can also defend accident claims and workers compensation claims.
They are well-versed in labor law and can ensure their clients comply with all legal requirements to avoid legal action, keep their business running smoothly, and avoid possible lawsuits. They can also counsel and represent truck drivers in union representation campaigns as well as collective bargaining negotiations and National Labor Relations Board proceedings.
Another area of practice is resolving no-fault insurance claims. The attorneys at FN&H are experts in this field and can advise and defend trucking insurance companies regarding payment priority issues. They are particularly familiar with the resolution of no-fault claims in states with unique no-fault requirements and issues.
They also have the ability to defend clients against claims that trucker exclusions are not valid. This includes issues related to workers compensation and social security as well as business expenses that self employed truckers pay. They also offer ongoing advice for their clients, which is important in a industry that frequently faces legal issues.
It is crucial to remember that your lawyer for trucking will represent you in court. So , ensure that you choose someone who makes you feel comfortable and secure. You should also make sure that you have the ability to discuss your concerns with him or her and that he or is able to guide you through the process without hassles. This is an ongoing relationship, so it is a good idea to select an attorney you feel comfortable working with.