The commercial trucking industry is heavily-regulated to protect the public. People and companies who operate large trucks are known as carriers. While many carriers engage in safe trucking practices and generally behave responsibility, sadly, there are still some carriers whose negligence causes trucking accidents. These trucking accidents cause grievous injuries, many of which are fatal, and many others from which those involved in the wreck will never recover.
After being involved in a commercial trucking accident, your first priority should be getting to safety and receiving medical treatment as required. After that, you should immediately contact an experienced Dallas personal injury attorney to assess your case.
At Bush & Bush, our attorneys have a deep understanding of the law of trucking accidents and strive everyday to put our clients first. Reach out to us at (469) 977-7777. to schedule your free consultation.
Why Partner with Us for Your Personal Injury Claim?
When you’ve been injured due to someone else’s negligence, choosing the right attorney is a critical decision. Here’s what we offer:
- No Fees Until We Win: You won’t owe us anything unless we secure compensation for you.
- Cash Advance in 24 Hours: Need money quickly? We can arrange a cash advance through a third party.
- Free Case Evaluation: We provide a complimentary consultation to assess your case and explain your options.
- 24/7 Support: We’re available around the clock to answer your questions and provide assistance.
We use our extensive experience to build the strongest possible case, aiming to secure the maximum compensation you deserve. Our network of experts, including medical and financial professionals, is available to support your claim. We take the time to understand your story and goals, tailoring our services to achieve the best possible outcome for you.
Federal Motor Carrier Safety Regulations (“FMCSR”)
The Federal Motor Carrier Safety Administration (the “FMCSA”) exists to reduce crashes, injuries, and fatalities involving large trucks and buses. To do that, the FMCSA issues the Federal Motor Carrier Safety Regulations (“FMCSRs”) to promote the safe operation of commercial motor vehicles by carriers. Carriers are either:
- Private Carriers: companies that provide truck transportation of their own cargo; or
- For-Hire Carriers: companies or individuals who are paid to provide trucking transportation of cargo belonging to others.
The FMCSRs protect the public from unsafe operators of large trucks by requiring carriers to (1) obtain operating authority and (2) obtain liability insurance coverage. Each requirement will be explained below.
Operating Authority
It is illegal for a carrier to operate in the United States without a Motor Carrier Number (“MC Number”), which is also known as an operating authority. An MC Number identifies the type of trucking business and the kinds of goods hauled by that carrier.
Carriers must also obtain a U.S. DOT Number. The U.S. DOT Number is a unique identifier for collecting and monitoring the company’s safety audits, compliance with safety regulations, crash investigations, and inspections.
Under 49 C.F.R. § 365.105, every carrier effectively signs a contract with the public under oath when it applies for operating authority. This certification is effectively a contract with the American public in which:
- The carrier takes an oath to:
- ensure every single one of its interstate motor carriers knows about, understands, and complies with all applicable FMCSRs;
- instruct every driver and employee about complying with the FMCSRs;
- maintain all of their motor vehicle equipment and accessories in compliance with the FMCSRs;
- instruct and ensure the compliance of each of their motor carriers, their motor carriers’ agents, and their employees with the FMCSRs; and
- never aid, abet, encourage, or require any motor carrier or its drivers to violate the FMCSRs.
- The carrier certifies that it is willing and able to procure for review or inspection any documents requested for the purpose of determining the carrier’s compliance with any of the FMCSRs.
When litigating these cases, our Dallas truck accident attorneys at Bush & Bush obtained a copy of the trucking company’s application through the FMCSA under 49 C.F.R. § 365.117. Remember: in signing that application, the carrier took an oath that it, its carriers, its employees, and all of its agents would know, understand, and comply with all of the FMCSRs. Our team will also use the carrier’s U.S. DOT number to acquire the carrier’s safety audits, any reports concerning the carrier’s compliance with safety regulations, crash investigations, and equipment inspections.
After acquiring these documents, our attorneys craft their arguments by reviewing and comparing the facts of our client’s case against the requirements set out in the FMCSRs and the documents obtained using the carrier’s U.S. DOT Number. They use the application as evidence that the carrier understood and was capable of complying with all of the FMCSRs. Then our truck accident attorneys use the reports to demonstrate the carrier’s negligence by failing to comply with the FMCSRs.
Truck Accident Insurance Coverage
Under 49 C.F.R. § 387.8(a) and 49 C.F.R. § 387.9, all carriers must establish financial responsibility for a minimum of $750,000 through insurance policies, bonds, or self-insurance. These regulations requiring carriers to meet minimum requirements of financial responsibility reflect a legislative public policy choice that requiring liability insurance would help protect public safety. Specifically, requiring carriers to meet minimum requirements of financial responsibility:
- encourages carriers to implement safe practices and procedures that will enhance public safety;
- incentivize insurance companies to evaluate and monitor the safety metrics of the carriers they insure to assess higher premiums on unsafe carriers; and
- reflects the notion that a motor carrier’s inability to afford insurance premiums indicates undercapitalization of the carrier, thereby increasing the likelihood that the carrier will not comply with the other FMCSRs.
Industry groups such as the Trucking Alliance recognize how vital these insurance policies are to making commercial trucking enterprises safe. They have called for Congress to increase the minimum amount that motor carriers must maintain to ensure carriers can continue to operate safely and to ensure people injured in trucking accidents receive adequate compensation for their medical costs.
The current minimum of $750,000 has not been adjusted in over forty years. Despite the need for increased coverage, that minimum amount ensures people involved in trucking accidents will receive some compensation for their injuries.
The injuries in trucking accidents are brutal for those who sustain them and their families. At Bush & Bush, our Dallas truck accident attorneys understand just how important this compensation is to them in the wake of their injuries, and they know how to help them get the compensation they are owed. Likewise, if you have been involved in a car accident, one of our Dallas car accident lawyers will provide the support you need in filing a lawsuit.
Call the Dallas Truck Accident Lawyers at Bush & Bush Law Group Today
Congress recognized the danger posed to the public by commercial trucking accidents more than forty years ago when it created the FMCSA. The policy choices made by Congress back then reflect the beliefs of the truck attorneys at Bush & Bush Law Group today: people injured by trucking accidents deserve to have their rights upheld and their futures prioritized.
If you or a loved one have been injured in a commercial trucking accident then do not wait to contact an attorney. Once you are physically able to do so, call the Dallas truck accident attorneys at Bush & Bush at (469) 977-7777 or contact us online.