If you or a loved one were injured in a truck accident, you may be entitled to compensation for the damages. However, discovering what rights to legal recovery you have could be complicated. This is why a Bellevue truck accident lawyer could be invaluable. A well-versed injury attorney could take you through the legal process to help you get fair and full compensation for your injury.
Regulations for Truck Drivers and Companies in Bellevue
The Federal Motor Carrier Safety Administration (FMCSA) is at the forefront of regulating commercial trucking companies and truck drivers around America. The FMCSA regulates everything from the number of hours a truck driver can operate his or her vehicle to drug and alcohol testing procedures. An attorney can further explain how these regulations may affect a claim.
Federal law requires employees to designate an employer representative to carry out drug and alcohol testing regulations. Truck drivers might be tested pre-employment, after reasonable suspicion of being under the influence, randomly, and following an accident.
Federal law also states that truck drivers may not drive 14 hours consecutively after coming on duty. Truck drivers are also not allowed to drive 60 hours within seven days in a row, or 70 hours within eight days in a row. Finally, federal regulations require truck drivers to take 30-minute breaks during the first eight hours of their shift.
Pursuant to Nebraska Revised Statutes §75-363(iv), all drivers operating commercial vehicles are required to have a commercial driver’s license. Failing to adhere to the commercial driver’s license requirement could be used by a truck crash lawyer in Nebraska as evidence of negligence on the part of both the truck driver and the trucking company.
Seeking Damages Against Employers Following a Truck Accident
Depending on the specific facts of the case, a truck accident attorney in Bellevue could help an injured party pursue damages against the truck driver’s employer under a theory of vicarious liability. Vicarious liability is a legal standard that holds employers civilly and financially liable for their employee’s negligent actions. However, an employer is only vicariously liable if the employee’s negligence took place during the scope of their employment.
An employee who commits a negligent act during the scope of employment does so while carrying out his or her official duties. However, if the act occurs outside the scope of employment, the employer may not be liable. For example, if an employee is driving their truck to make a shipment and gets into an accident, the employer might be liable if they are found negligent.
Reach Out to a Bellevue Truck Accident Attorney for Help
The sheer size of a large semi-truck could lead to life-altering injuries in an accident. Individuals who operate trucks negligently should be held liable for the damage they cause, and so should their employers.
Seeking legal action on your own might not be easy. A Bellevue truck accident lawyer could provide the legal knowledge and guidance necessary to get the compensation you need and deserve. Start your case today by calling Berry Law for a free consultation.