Minors Awarded $2.5 Million in Tractor Trailer Crash Suit
Three minors recovered over $2.5 million in compensatory and punitive damages in a tractor-trailer crash personal injury lawsuit in Alabama. The accident occurred when the driver of a tractor-trailer truck, in an attempt to make a left turn, went across two lanes of traffic and smashed a van. The three individuals inside the van were severely injured. The truck driver had been driving for almost 20 consecutive hours.
The passengers had at least five operations by time of trial. Further, two of them spent 40 days in body casts and over two months in the hospital. They sustained permanent knee and ankle impairments in addition to other disfiguring facial lacerations that turned into scars.
The court found evidence proving the tractor-trailer truck driver wantonly turned in front of the passengers. Further, there was evidence that the driver was instructed by his motor carrier employer to drive beyond federal driving time limitations. The federal government has implemented regulations through the FMCSA, aiming to ensure uniform truck safety guidelines in Missouri and all other states.
The FMCSA regulates the maximum driving time for carrier vehicles with the following:
- No motor carrier shall permit or require any driver used by it to drive a commercial motor vehicle, nor shall any such driver drive a commercial motor vehicle:
- More than 11 cumulative hours following 10 consecutive hours off-duty
- For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty.
- No motor carrier shall permit or require a driver of a commercial motor vehicle to drive, nor shall any driver drive a commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after-
- Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week
- Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
- Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours
- Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.
The truck driver in the foregoing case surpassed FMCSA work hour regulations by almost 10 hours. FMCSA regulations often come into play when dealing with a tractor trailer crash lawsuit because these federal regulations are not always followed by truck drivers and trucking companies. When the regulations aren’t followed and simple safety guidelines are overlooked, tractor trailer crashes frequently occur.
A skilled tractor trailer accident attorney will be familiar with FMCSA regulations and will be able to determine if all mandated rules were followed to determine liability issues. If you or a loved one is involved in a tractor trailer crash, it is absolutely necessary that you contact a personal injury attorney with extensive knowledge and understanding of truck accident lawsuits.
As an experienced Missouri tractor trailer crash attorney, I am more than willing to discuss tractor trailer accident claims with you so you better understand how such lawsuits work and what types of compensation are available to those injured.
You can reach me 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). The call and consultation are free, and there is no fee unless we recover for you.
You can also email me at john@pagecagle.com or visit my website, www.MissouriTractorTrailerCrash.com for more information.
