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Cherry Hill Truck Accident Lawyers Explain Liability
Experienced attorneys who hold trucking companies accountable for New Jersey accidents
At Ferrara & Gable, our Cherry Hill truck accident lawyers understand why collisions happen and who, in addition to the truck driver, is liable. These accidents can be legally challenging if you do not have counsel to represent you, but our team has the skills and resources to help. Contact us today to learn more.
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What laws regulate commercial truck driving in Cherry Hill?
Many different federal laws regulate the commercial trucking industries. These laws regulate the equipment trucks must have for each type of truck. Some regulations govern the weight of a truck. Many regulations are designed to prevent truck accidents from happening. Trucking companies which violate these laws/regulations, or encourage their drivers to violate these laws, may be held partially or fully liable for any accidents those drivers cause.
Some of the more common violations involve:
- Commercial driver’s license (CDL). Truck drivers who drive commercial trucks in interstate commerce are required to have a valid CDL. Drivers can lose their CDL if they have a DUI based on a blood alcohol content level of .04 or higher.
- Hours of service. The Federal Motor Carrier Safety Administration (FMCSA). These regulations require that trucking companies ensure that their drivers take 30-minute rest breaks after driving 8 hours. There are mandatory time-off requirements for drivers who are on the road more than 11 hours in a day, 60 hours during 7 days, and 70 hours during 8 days. Some additional limitations and some exceptions may apply. Trucking companies and drivers need to keep electronic logs of the time their trucks are in operation.
- Underride guards. Tractor-trailers are required to install rear impact guards according to specific standards so that cars don’t slide under the truck when a Cherry Hill truck accident happens.
- New Jersey commercial trucking laws. New Jersey laws follow many of the federal trucking laws. There are also many different state regulations. For example, NJ Code 23 regulates the weight and dimensions of New Jersey trailers and semitrailers.
Other federal and state commercial trucking laws may apply. For example, there are laws regulating hazardous materials and oversized loads. At Ferrara & Gable, our Cherry Hill commercial truck accident lawyers understand these laws and how they affect liability in the event of a crash.
Who is liable for Cherry Hill truck accidents?
At Ferrara & Gable, our Cherry Hill commercial truck accident lawyers file claims against everyone responsible for the accident that caused your personal injuries or the death of a loved one. The defendants may include:
- The truck driver
- The truck driver’s employer
- The owner of the truck, if different than the driver such as an owner of a fleet of trucks
- The company that requested the shipment
- The company that is receiving the shipment
- A trucking broker who arranged the shipment
- A manufacturer of defective truck parts
- A repair or maintenance company
- A vendor of alcohol who sold liquor to a truck driver who was visibly intoxicated when served
Other car and truck drivers may also be liable depending on how the accident happened.
The role of vicarious liability in South Jersey truck accidents
Vicarious liability is a legal standard which says that employers are legally responsible for the actions of their employees. In the event of an accident involving a commercial vehicle, the trucking company may be held liable for the negligence of the driver (such as driving drunk or impaired, or speeding). The company may also be held liable if or when:
- They failed to conduct a proper background check on their driver
- They failed engaged in deceptive or fraudulent practices, such as forcing drivers to violate HOS laws or making unauthorized changes to the logbook
- They did not provide proper training to their drivers
- They failed to maintain their fleet
Everyone responsible should pay for your damages. At Ferrara & Gable, we have the experience and resources to negotiate your claim with multiple insurance companies and to try your case in court against multiple defendants.
Do you have a Cherry Hill commercial truck accident lawyer near me?
Ferrara & Gable’s office is located at 601 Longwood Avenue in Cherry Hill, NJ. You can park nearby. The Rt. 38 bus is another option. We do schedule phone and video conferences for commercial truck accident victims who are too upset or ill to come to our office.
Our team will answer all your questions and guide you through the claims process.
Speak with an experienced Cherry Hill truck accident lawyer serving South Jersey
Trucking companies know they’re not supposed to put profit before safety. They are required to comply with federal and state laws and with the commercial trucking industry’s best practices standards. Truck accidents are preventable. At Ferrara & Gable, our Cherry Hill truck accident lawyers demand full compensation for all your injuries and for the death of a loved one. We handle complex commercial truck accident claims. Call us or fill out our contact form today to schedule a free consultation.