Federal Motor Carrier Safety Regulations
Knowing the rules of the promulgated by the Federal Motor Carrier Safety Administration, and the Federal Motor Carrier Safety Regulations at 49 C.F.R § 300-399, is critical in identifying the violations, and resulting liability, of any federally regulated owner/operator. The Federal Motor Carrier Safety Administration sets forth special duties and obligations of operators of commercial vehicles, and their employers.
In a particular case handled by Robert Ferrara, a multi-vehicle collision caused serious injures when a tractor trailer containing liquid latex stuck eight vehicles who were stopped in response to another roadway emergency. Investigation of the facts disclosed that the collision was caused, in part, by cargo “slosh” within a smooth bore tanker, a condition where the liquid cargo was filled half-way and the sudden deceleration of the truck caused the a half filled cargo to splash forward, pushing the tractor trailer into the victim vehicles.
In another case, a successful claim was brought against the owner and operator of a commercial motor vehicle that was stopped upon a traveled portion of a roadway when the victim unexpectedly struck the rear of the vehicle at night, causing fatal injuries. Understanding the duties associated with the Federal Motor Carrier Safety Administration regulations, and specifically 49 CFR 392.22, was essential in prosecuting the case to a successful conclusion.
Knowing the technology in cases involving commercial vehicles:
Knowing how to protect and acquire technical data is infinitely essential to protect your rights. In another case, Ferrara law Offices, P.C. settled a multimillion dollar cases by exposing GPS data which contradicted the truck operator’s false statements about how the collision took place. The data was secured because the estate of the victim engaged Ferrara Law Offices, P.C. before the defendant corporation could erase the critical “smoking gun” data. Robert Ferrara was able to force the defendant corporation to save and turn-over the GPS data during discovery.
Primacy in preserving evidence:
When truck collisions occur, trucking companies involved in the accident often send representatives to the accident scene to confront accident victims immediately following the event when they are most vulnerable. These agents work to slant the evidence at the scene of the accident so that they can limit or mitigate their company’s liability. In short, the trucking industry is big business. Limiting liability in the face of clear trucking negligence is also big business because it shields the trucking company from paying victims that which the victims are legally entitled.
Ferrara Law Offices knows how to level the playing field between you and the highly organized damage control experts of the trucking industry who move with extraordinary efficiency and speed in slanting the facts against you. Ferrara Law Offices understands the sophisticated technology and law which, if promptly and properly preserved, and demanded during litigation, will yield the truth in the face of the trucking industry maneuverings.
Call Ferrara Law Offices for a free consultation.