WHAT YOU NEED TO KNOW FOLLOWING A COMMERCIAL TRUCK ACCIDENT IN WASHINGTON
Because of the heightened danger that comes with the size of commercial trucks and their often hazardous cargoes, state and federal authorities have enacted additional laws and regulations to govern commercial transport. Licensing is more stringent for semi-truck drivers, and trucks themselves must have operating permits. Of course, all the regulation in the world will not prevent poor outcomes if the regulations lack oversight. Rush, Hannula, Harkins & Kyler PLLC presents this brief explanation of trucking regulations and the authorities that monitor compliance.
FEDERAL REGULATIONS FOR INTERSTATE TRUCKING
The U.S. Constitution allows Congress to regulate interstate commerce. Congress has also authorized the U.S. Department of Transportation Federal Motor Carrier Safety Administration to write and enforce regulations for:
- Drivers
- Vehicles
- Hazardous Materials
- Companies engaged in interstate trucking
For example, the requirements for obtaining a license to drive a semi are much more stringent than those for obtaining a regular driver license. Additionally, federal laws dictate the maximum number of hours an operator may be on the road without a break (known as Hours-of-Service Regulations) and require drivers and trucking companies to keep a log detailing that data. Federal laws also dictate the level of maintenance performed on large trucks and the rules for the relevant recordkeeping. This information can be the key to proving liability in your truck accident involving impaired driving, faulty maintenance or a product defect.
WASHINGTON STATE REGULATIONS DESIGNED TO PREVENT ACCIDENTS AND SAVE LIVES
Washington also exercises jurisdiction over commercial transport within the state’s borders, permitting some exceptions to federal trucking laws and imposing specific state standards in other areas. For example, for intrastate operations, Washington allows individuals 18 years of age and older (rather than 21 and over) to obtain a license to drive a large vehicle. Washington has instituted many safety requirements including those involving:
- Drug tests
- Hay bale securement
- Fruit bin load securement
- Chains
- Hazardous material transport
The Washington State Patrol’s Commercial Vehicle Enforcement Bureau is the enforcement body for state truck regulations.
Contact our Tacoma truck accident attorneys for answers about federal and state trucking laws
If you or someone you know was injured in an accident with a commercial truck, uncovering a violation of state or federal regulations may help establish negligence. The seasoned truck accident attorneys at Rush, Hannula, Harkins & Kyler PLLC can evaluate your case for free and initiate a full investigation. To schedule a consultation, call us at 253-383-5388 or contact our office online.
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At Rush, Hannula, Harkins & Kyler PLLC we have the skill and experience to take on a wide range of personal injury cases throughout Washington state. From motor vehicle accidents to workplace injuries – our reputation and success rates keep opposing counsel on edge.
Frequently Asked Questions
We have answers to some of the most common Washington personal injury questions. These are resources for injury victims.
Do I need a lawyer to file a personal injury lawsuit?
It is not necessary to retain a lawyer to file your personal injury lawsuit. You should base your decision to involve an attorney on a reasonable assessment of the pros and cons. Rush, Hannula, Harkins & Kyler PLLC is a highly reputable personal injury law firm that has served Washington since 1959. We deliver value to our clients that far outweighs the fees we collect. But before you retain any attorney, you have to be satisfied that the benefits exceed the costs. We offer these points for your consideration.
What is the statute of limitations in Washington for personal injury?
A statute of limitations is state law; throughout the country, different states set different time limits for identical causes of action. Within each state, different causes of action have different time limits. In Washington, for personal injury lawsuits, the statute of limitations is three years.
How much does a personal injury lawyer cost?
The great advantage of filing a personal injury lawsuit is that most attorneys operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, the attorney works without compensation until the case resolves through a jury verdict or settlement. At that time, the attorney takes a percentage of the award. The contingency fee arrangement helps plaintiffs who could not otherwise afford the costs of civil litigation to pursue just compensation without worrying about expenses. It also means that your ability to retain an excellent lawyer does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, or the importance of delivering justice to someone in your particular circumstances.
How do I file a personal injury lawsuit in Washington state?
At Rush, Hannula, Harkins & Kyler PLLC, we want our clients to have an accurate picture of what a personal injury lawsuit entails. The process is rarely quick and easy; defense counsel and insurance companies often employ delay tactics to wear a plaintiff down. We offer this page as a primer for anyone who has a cause of action and is considering a personal injury lawsuit.
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