Driver Issues can Lead to a Tractor Trailer Accident in Newport

by | Sep 2, 2014 | Lawyers

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Interstate transport and trucking are not covered under the FFLSA (Federal Fair Labor Standards Act), which covers most other jobs. Therefore, trucking companies do not have to pay overtime, and many of these companies demand that their drivers work over 60 hours each week. Many interstate drivers are paid by the mile or load, and not at an hourly rate -; so drivers are not compensated for waiting periods and load shifting.

Common Issues in Trucking and Motor Transport

Because interstate trucking is such a high stress occupation, a Tractor Trailer Accident in Newport is all but a certainty. To make matters worse, these accidents are much tougher on the passengers in the other car. Wrongful death and personal injury suits are common in the trucking industry. To protect passengers and truckers, the government initiated the FMCSR, which is a group of regulations that motor carriers and trucking companies must follow.


The FMCSR: How it Works

The FMCSR (Federal Motor Carrier Safety Regulations) was put into place to prevent injuries and fatalities due to trucking accidents. Drivers are required to have a commercial license, and can lose that license by operating in an unsafe manner. Some of the most important rules in the FMCSR are listed below:

* Driver’s license requirements: All drivers must undergo regular drug testing, and they must demonstrate a minimum level of competence and skill. This section of the FMCSR also covers employer responsibilities and the requirements to obtain a commercial driver’s license.

* Insurance: The minimum coverage requirement for interstate commerce is $500,000/carrier, with the limit rising to $1,000,000 if the carrier engages in interstate transport of hazardous materials.

* Operating hours: Drivers can only spend a certain number of hours on the road before they must stop for a mandatory off-duty period, during which they must spend a set amount of time at rest.

* Physical requirements: The FMCSR also covers certain physical qualities required of all drivers.

If I’m in an Accident, do I Need a Lawyer who Handles Trucking Accidents?

Most cases involving interstate trucking companies also involve a wrongful death or personal injury action. If you are in a Tractor Trailer Accident in Newport, it is in your best interest to consult with a trucking accident attorney, who can inform you of and protect your legal rights while offering advice specific to your case and your circumstances.

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