People affected by semi-truck collisions have certain rights. It is often possible to file an insurance claim. In scenarios involving catastrophic injuries or fatalities, personal injury or wrongful death lawsuits might also be an option.
If the semi-truck was to blame for the crash, determining what caused it can help strengthen a claim for compensation from the truck driver, their employer or a commercial insurance policy. If there is data showing that a violation of federal Hours of Service (HOS) rules occurred, what impact does that verifiable misconduct have on the rights of the people affected by the crash?
Misconduct provides grounds for litigation
People seeking justice in the civil courts after a semi-truck collision usually need to prove that either misconduct or negligence caused their losses. While the law does not limit drive time for people operating their own vehicles, there are clear HOS regulations in place governing drive times and long-term scheduling practices at commercial transportation companies.
Trucking company employees and owner-operators are subject to daily restrictions on total drive time and rules limiting how many hours a professional can work in seven or eight days. When internal records obtained from the commercial truck affirm that an HOS violation occurred, that can strengthen the legal position of the people affected by the crash.
Determining fault and pursuing compensation can both be challenging after a semi-truck crash. People hoping to file insurance claims or lawsuits can benefit from experienced legal guidance as they evaluate the circumstances of the crash, quantify their losses and request compensation from the party liable for the incident.