Can deviations of mandatory regulations impact a trucking accident claim in North Dakota?

Mar 5, 2020 11:05 PM ET

Driver restrictions.

Restrictions are enforced on drivers of commercial vehicles and large trucks to reduce dangers already posed by the size, weight, height, type of cargo load and braking distances of a commercial truck. When commercial trucking accidents occur, legal counsel can navigate any necessary action toward compensation for damages. Federal and North Dakota State Regulations impose mandatory regulations for truck drivers that include:

 

Truck drivers must keep an accurate log of their mileageand where they have driven.
Truck drivers can only drive for a certain amount of time per day, and must stop after they’ve reached that limit.
Tractor trailers and other commercial vehicles must be properly maintainedto ensure safety to other drivers on the roadways.
Commercial vehicles must maintain and not exceed certain speedswhile on certain roads, specifically when pulling trailers or oversized cargo loads.
Certain roadways, tunnels and bridges cannot be used for travel due to weight, size and cargo carry limitations including grade restrictions.
All other safe driver responsibilities that Missouri licensed drivers must adhere to including no driving under the influence, no reckless driving and no driving without a current license.

 

Commercial licensure.

All drivers of commercial vehicles in North Dakota must possess a valid operator’s license for the type of vehicle they are operating.

Class A Any vehicle combination with a gross combination weight rating (GCWR) in excess of 26,000 pounds towing a trailer with a GVWR in excess of 10,000 pounds
Class B Single unit in excess of 26,000 pounds GVWR may tow a trailer of not more than 10,000 pounds GVWR
Class C Any vehicle not listed in Class A or B but requiring one or more commercial endorsements
Class D Non-commercial vehicles other than motorcycles Class M Motorcycles

 

Commercial Motor Vehicle Licensing for interstate carriers can be accomplished through the International Registration Plan (IRP), a one-cab card registration system for interstate motor carriers and commercial motor carriers who do not travel out of state must obtain commercial vehicle registration from the North Dakota Department of Transportation.

Highway fatalities caused by large trucks in the United States continue to take thousands of lives every day, and often leave other drivers with catastrophic injuries and lifelong disabilities.   

Every truck accident is situational and unique, and damages can be settled based on the information obtained by the victims, witnesses and professionals who arrive at the scene.  Multiple factors will assist in the determination of fault and failure to comply with federal and state trucking regulations can impact fault and settlement award amounts.  The size  and weight of a large truck may result in extensive damage and serious injury compared to an accident with a passenger vehicle.  A truck’s heavy weight and length can compromise maneuverability and braking distances leading to crash, jackknife and rollover scenarios where multi-vehicle involvement may occur. 

 

Damages.

Settlement damages you may receive include compensatory damages, which are those damages that caused economic loss (loss of wages, medical bills, legal fees and property damage) and non-economic loss to victim (pain and suffering).  If the truck driver was found to be grossly negligent, sometimes punitive damages can be awarded that are meant to punish the persons being sued (Defendants). 

Contact an attorney.

Action toward the best legal outcome and insurance settlement will include hiring a knowledgeable attorney in North Dakota who is familiar with personal injury laws and the commercial trucking industry. 

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