Consideration was given for the editing and publication of this post.
To combat the rising number of
accidents involving trucks and truckers, the US Congress passed the Motor
Carrier Act in 1935. Sadly, like most laws, this law is not perfect. Many commercial
license owners face serious criminal charges every year due to the violation of
this law in multiple ways. However, it is, to date, the most effective
framework that keeps the truck drivers safe on the roads.
What are the
laws and regulations that enforce the safety of truck and bus drivers in the
According to the Federal Motor Carrier Safety
Regulations (FMCSR) laid down by the Interstate Commerce Commission
(ICC), the framework exists to reduce and prevent bus and truck accidents and
injuries. It requires all commercial drivers to have only one commercial
driving license that the state or administration can disqualify based on the
actions of the commercial driver. As is with most commercial vehicles, the
truck driver’s legal obligations in the liability dispute cases are confusing
for those involved in an accident. As a result, making wrongful death claims
and severe injury claims are often challenging for the victims.
The FMCSR applies to all truckers
across the fifty states, including Maryland. The state of Maryland has adopted
a few FMCSR regulations with minor changes in Parts 382, 390-393, and 395-399.
For example – for farmers transporting their produce within 150-miles of their farm
using truck is subject to Part 391 exception. These minor changes and
limitations can change the way your truck accident looks right now. They can
become the difference between a happy and long carrier as a commercial driver,
and spending your savings on penalties and legal fees.
When you find yourself in the middle
of an accident, the first feeling is that of confusion and fear. At Maryland Car Accident Firm, the lawyers understand
how harrowing it can be for a commercial truck or bus driver to be involved in
a motor vehicle accident. Any accident usually includes massive damage to your
vehicle or the other party concerned, hefty bills to pay and penalties,
confusion regarding the liability of the accident and confusion about filing
insurance claims, especially when a commercial vehicle is in question. All of
these show how necessary it is to have a responsible and experienced Maryland
car accident attorney on your speed dial when you are at work.
influence the liability of the driver?
We have already given you a peek into
the complexities of truck accident law in Maryland, so here’s a list of the
factors that the state or accuser can use to prove the liability of the driver
- Driving under the influence (DUI) of alcohol or drugs or
driving while impaired (DWI)
- Any disregard for the weather conditions and traffic signs or
other traffic laws
- An accident involving rear-ending (struck from behind)
How can a
commercial license holder get additional tickets after an accident?
Almost all truck drivers in Maryland
fall under the federal jurisdiction. Federal laws and regulations (FMCSR) apply
to all commercial drivers (truck and bus) in the state. According to these
regulations, all commercial drivers must have the following items –
- The licensing requirement for driving the commercial vehicle.
- Limits and details of the consecutive hours the driver can
operate the vehicle without rest.
- The weight and size of the freight, and limitations of the
- Details about the insurance minimums.
every commercial driver in Maryland need in the case of an accident?
Every experienced Maryland accident
lawyer will tell you that you need to keep these following items handy,
irrespective of where you are in the state.
registration and insurance documents
The state of Maryland has made it
mandatory for all commercial drivers to keep their vehicle registration,
commercial driving license, and minimum insurance in their car, van or truck at
all times. Even while driving within the state, it is compulsory to carry these
items. Most drivers are aware of the license and registration requirements, but
they do not know that they have to carry their insurance documents too. If you
do not have the inconspicuous little slip of paper the auto insurance company
gives in exchange for your yearly renewal, you might be looking at a ticketable
offense. Even when you have been in an automobile accident, the officer can
give you an additional ticket for not carrying the right documents. Needless to
say, when you are facing DUI or reckless driving charges, you don’t need
another ticket making your situation worse.
A picture of
the accident scene
Almost every person has a mobile phone
with a camera. In case you find yourself in a motor vehicle accident, whip out
your cellphone and start taking pictures. Recording video is also helpful in
providing evidence to support your claims. However, always remember to stay in
a safe place before clicking the images.
Additionally, ensure that the people
in the other vehicle are alright. Step away from the traffic and click as many
pictures of the impact site, wounds, and people involved and the debris as you
can. In most cases, the paint, plastic, glass and other debris can tell an
honest account of the crash. The scattering of the debris at the crash site can
help in supporting your claims in the long run. Acquiring picture and video
evidence is instrumental during filing insurance claims.
of your accident attorney
After you have been in a crash and
the EMT has taken a close look at your wounds, call your accident lawyer. The
hours after an accident can be jarring. Speaking with your expert accident
attorney can help you collect all the proof and information you need to
strengthen your case. The first consultation with an attorney is usually free,
so you should find the contact details of your local Maryland accident lawyers
before the need is upon you.
Having an experienced accident
attorney can change the outcome of your truck accident court case. If you are
living in danger of the revocation of your commercial driving license, you
should consult a legal professional immediately. The laws and regulations that
apply to Commercial driving licenses can be quite complicated and confusing.
So, always ensure that you are working with someone with enough experience in