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Federal Motor Carrier Safety Regulations Accident

A Federal Motor Carrier Safety Regulations trucking accident attorney in New York can help you if you believe that the truck driver in your case violated state or federal regulations and put you at risk of catastrophic injuries in a resulting accident.

Unfortunately, even though Federal Motor Carrier Safety Regulations are quite clear and all truck drivers are responsible for being aware of them, accidents can and still do happen. A New York Federal Motor Carrier Safety Regulations accident attorney can assist you if already have a claim. A Federal Motor Carrier Safety Regulations accident lawyer in New York will help you to fight back against a trucking company or truck driver who argues that they are not responsible for following state and federal regulations.

Drug and Alcohol Testing

There are FMCSA alcohol and drug testing rules that apply to operators of all commercial motor vehicles with a commercial driver's license. The primary goal of this test is to identify marijuana, alcohol, opioids, cocaine, PCP and amphetamines. There are four potential testing scenarios including reasonable suspicion, post-accident drug tests, random drug tests and pre-employment. A trucking company is only eligible to hire a truck driver to perform these duties if they receive a negative result on a pre-employment test. If a police officer pulls over a truck driver for suspected drunk driving and believes the driver is drunk, that police officer can ask the truck driver to take a blood test or a breathalyzer. The threshold for citing someone with commercial DUI is much lower.

Hours of Service Regulations

Commercial truck drivers must also follow federal regulations associated with hours of service. A Federal Motor Carrier Safety Regulations accident lawyer in New York can tell you that it can be a major mistake not to retain experienced legal help if you believe that the hours of service regulations were violated. You will need to capture as much information as possible to present it as evidence in your case. Commercial truck drivers are eligible to drive 11 hours each day after 10 consecutive hours off-duty. They cannot drive beyond the 14th hour in a row after coming on duty and they cannot drive 60 hours in seven days in a row or 70 hours in eight days in a row. Truck drivers who hit that maximum 70-hour threshold within a week must rest for 34 hours in a row, and it must include at least two nights including the period between 1am and 5 am. Furthermore, during the first eight hours of their shifts, truckers are responsible for taking at least one 30-minute break. Someone who violates these laws could be held accountable in a truck driving accident lawsuit in New York. Retaining the services of a dedicated and experienced attorney is crucial for outlining what to do next after you have been seriously hurt in a truck driving accident. No victim should have to suffer the consequences of being injured in such an incident, but this often happens and requires the insight of an experienced lawyer.

The regulations are there to decrease the risk of accidents, but when they are not followed, they may also be raised by a victim as a claim to recover compensation in a liability case. It can be hard to figure out how to proceed in a serious injury claim, but you deserve to have a lawyer at your side who can really help you recover the compensation you deserve and get your life back on track.

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