Truck drivers are expected to obey the rules of the road and take the appropriate safety precautions to prevent accidents, like all motorists, but they are also subject to several laws and regulations that place additional safety standards and requirements on the truck driver’s conduct. Trucking companies are subject to additional laws and regulations that are designed to promote safe trucking operations, as well.
The Federal Motor Carrier Safety Regulations (FMCSR) control the conduct of truck drivers and trucking companies on subjects such driver hours of service limitations, driver alertness and impairment, drug and alcohol screening, and logbook recording and compliance. The failure to obey FMCSR can result in fines, penalties, and civil liability for any resulting trucking accidents. Additionally, in some cases, FMSCR violations may result in the assessment of punitive damages.
The Chicago truck accident attorneys at Cogan & Power, P.C. focus on representing the victims of commercial trucking accidents, including those caused by FMCSR violations, distracted truck driving, or truck driver fatigue. Our exceptional legal team of Chicago trucking attorneys includes a nationally recognized member of the prestigious Association of Plaintiff Interstate Trucking Lawyers of America.
We take great pride in our record of successful verdicts and settlements, as well as the enduring relationships we have developed with our clients, and we work tirelessly to seek full and fair compensation on behalf of our clients, including punitive damages when available.
The victims of commercial trucking accidents caused by negligence may be entitled to compensatory damages including:
(past and future)
In some cases, the victim may also be awarded punitive damages to punish the truck driver or trucking company for his or her wrongdoing, and deter future grossly negligent or intentional wrongdoing.
There is some debate, however, about whether or not punitive damages can be awarded in a trucking accident that involved an FMCSR violation. Various factors affect whether or not punitive damages are awarded such as:
Whether the trucking company failed to monitor the truck driver’s conduct;
Whether the trucking company failed to investigate if a truck driver was adhering to hours of service regulations;
Whether the trucking company dispatched a truck driver after he or she exceeded hours of service limitations; and
Whether the trucking company failed to institute effective procedures to verify compliance with hours of service regulations
The investigation into FMCSR violations requires a detailed and comprehensive factual analysis. The Chicago trucking accident lawyers at Cogan & Power have considerable experience representing the victims of commercial trucking accidents and their families. As such, we understand the importance of comprehensive factual inquiry and a thorough legal analysis.
Because we take a collaborative approach to legal representation, we are able to draw on our extensive and diverse experience to help our clients recover the compensation that they need and deserve. Our attorneys have more than 100 years of combined experience representing victims of personal injury accidents and have recovered more than $250 million for our clients, including several record verdicts and settlements and a $13 million verdict in a trucking accident case.
If you or a loved one has been injured in a trucking accident involving FMCSR violations, contact the skilled Chicago trucking accident attorneys at Cogan & Power at (312) 477-2500 for a free consultation to discuss your legal rights following a commercial trucking accident. If you cannot come to our offices in downtown Chicago, we will come to you. And because we take cases on a contingency basis, you will not pay any fee unless we get you compensation.