If a trucker broke federal rules, can I recover damages?
Oftentimes, when a truck accident happens in the West Palm Beach area, it is because the truck driver or trucking company broke one or more of the many state and federal regulations that truckers must follow.
There are special rules about how long a trucker can be on the road, what safety features the truck must have and the like that are designed to keep both truckers and other motorists safe, and it is no surprise that when these rules are broken, serious truck accidents are the end result.
One might expect that a trucker who has violated any of these rules would automatically pay compensation to victims of any accident; however, such is not the case. While federal and state regulatory authorities can fine or otherwise punish a driver or trucking company that did not follow the rules and caused an accident, they have little power to order the company to pay compensation to their victims.
However, documenting a trucker’s violation of trucking regulations can still help Florida victims tremendously. This is because of a legal doctrine that is called negligence per se.
As a legal doctrine that can be treated slightly differently from judge to judge, questions about it should be referred to an experienced personal injury attorney with some knowledge of the courts in the West Palm Beach area.
However, in general, negligence per se means that if a victim can prove that a driver or company violated certain types of rules and regulations, it means that, under the law, there was negligence. All the victim must do is prove that the negligence contributed to his or her injuries, thus saving the victim the effort of having to show actual carelessness on the part of the driver or company.
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