In Pennsylvania, any "commercial motor vehicle" (a vehicle used for commercial transport that: weighs 10,001 or more pounds or carries more than 8 people for money or carries more than 15 people) must abide by the Federal Motor Carrier Safety Regulations (FMCSR). These rules become important if you were injured in an accident caused by a truck.
First, both the Truck Driver and the Truck Company that hired the Driver must meet safety rules (49 CFR Section 383) as far as: inspecting the truck, brakes, mirrors, horn, keeping a log book, limit on the number of hours driven per day and per week.
An important thing for a personal injury lawyer handling your case to get is the trucker's log book. This is something that would be obtained during "discovery" in a litigation case.
The Driver of a "property-carrying commercial motor vehicle" can't drive without first taking 10 consecutive hours off-duty. Then, the Driver can drive only a total of 11 hours during a period of 14 consecutive hours.
Also, the Truck Company is required to investigate the driving history and work history of the Driver before hiring the Driver. See 49 CFR 391.23 and 391.53. The Company must then keep those investigations on file while the Driver is working for them. The purpose is to ensure that Drivers are safe because they are on the highway in large, heavy and potentially dangerous tractor-trailers alongside of us.
The Driver is also required to undergo drug testing and annual medical exams. The Company is supposed to ensure these happen.
If the Driver caused your accident, then he/she probably violated rules for a Commercial Driver which are listed in the Commercial Driver's License Manual. That Manual is a very good investigative tool for you. An experience personal injury lawyer handling your truck accident case would want to refer to the CDL Manual in investigating, evaluating and litigating the case. The PA CDL Manual can be found online at
If you have any questions, feel free to contact us. We are experienced in successfully handling truck accident injury cases.
David Schreiber
Wolpert Schreiber P.C.
527 Main Street
Royersford, PA 19468
(610) 792-3304
deschreiber@thomaswolpert.com
Injured?
Experienced Pennsylvania Injury Lawyers since 1994
Saturday, August 24, 2013
Injured by Truck or Hurt in Truck Accident - What Laws Apply in Pennsylvania to Truck Driver and Truck Company?
In Pennsylvania, any "commercial motor vehicle" (a vehicle used for commercial transport that: weighs 10,001 or more pounds or carries more than 8 people for money or carries more than 15 people) must abide by the Federal Motor Carrier Safety Regulations (FMCSR). These rules become important if you were injured in an accident caused by a truck.
First, both the Truck Driver and the Truck Company that hired the Driver must meet safety rules (49 CFR Section 383) as far as: inspecting the truck, brakes, mirrors, horn, keeping a log book, limit on the number of hours driven per day and per week.
An important thing for a personal injury lawyer handling your case to get is the trucker's log book. This is something that would be obtained during "discovery" in a litigation case.
The Driver of a "property-carrying commercial motor vehicle" can't drive without first taking 10 consecutive hours off-duty. Then, the Driver can drive only a total of 11 hours during a period of 14 consecutive hours.
Also, the Truck Company is required to investigate the driving history and work history of the Driver before hiring the Driver. See 49 CFR 391.23 and 391.53. The Company must then keep those investigations on file while the Driver is working for them. The purpose is to ensure that Drivers are safe because they are on the highway in large, heavy and potentially dangerous tractor-trailers alongside of us.
The Driver is also required to undergo drug testing and annual medical exams. The Company is supposed to ensure these happen.
If the Driver caused your accident, then he/she probably violated rules for a Commercial Driver which are listed in the Commercial Driver's License Manual. That Manual is a very good investigative tool for you. An experience personal injury lawyer handling your truck accident case would want to refer to the CDL Manual in investigating, evaluating and litigating the case. The PA CDL Manual can be found online at
If you have any questions, feel free to contact us. We are experienced in successfully handling truck accident injury cases.
David Schreiber
Wolpert Schreiber P.C.
527 Main Street
Royersford, PA 19468
(610) 792-3304
deschreiber@thomaswolpert.com
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