Buffalo personal injury accidents involving commercial motor vehicles are, in many ways, similar to any other personal injury lawsuit involving a motor vehicle collision. In some cases, however, the failure of the operator to comply with special regulations involving commercial motor vehicles may be helpful to the plaintiff’s case.
The regulations involving commercial motor vehicles are extensive and complex. Generally, commercial motor vehicles involved in interstate commerce are regulated by the Federal Motor Carrier Safety Administration. This agency has set forth rules and regulations establishing mandatory standards regarding such diverse areas as vehicle maintenance, driver rest periods, and drug testing. Many, but not all, of these federal regulations have been adopted by New York State to regulate the operation of commercial motor vehicles in the state that do not engage in interstate travel.
In some cases, failure to comply with these mandatory regulations may be helpful to the plaintiff’s case. For example, a showing that the driver was not complying with the standards for driver rest periods may help to establish that the commercial motor vehicle driver did not have adequate rest before driving. While this factor alone may not establish the driver’s negligence, it would be helpful in establishing negligence when taken within the context of the driver’s other actions.
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