First, you should look at the standards established under both state and federal law for trucking companies and truck drivers. Title 49 of the Code of Federal Regulations covers most of these laws, including:
-special licensing for drivers of large vehicles
-required breaks or rest period for truck drivers
-the maximum weight allowed to be transported, based on truck size
-quality control to ensure regular repairs/maintenance of the vehicle
Another set of laws you may find relevant are those about personal injury. These establish the rules for determining liability, which is important in trucking accidents. Because these accidents involve large vehicles, such as eighteen-wheelers, there are often huge sums of money at stake.
If you are suing a truck driver, you must prove that his negligence. Proving this is easiest when the driver has violated federal regulations. For example, the driver was drinking and driving and had caused an accident, then liability is clear.
To include the trucking company in your lawsuit, you must prove “”vicarious liability.”” This is a legal concept stating that the employer may be held responsible if their employee gets involved in an accident while on the job.
Personal injury laws also lay out the amount you can recover in damages. Depending on which states, this may include medical costs, lost wages, pain & suffering, and many more.