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Importance of Federal Motor Carrier Safety Regulations in Commercial Trucking Cases

Competent handling of trucking cases requires familiarity with both the Federal Motor Carrier Safety Regulations and how to effectively use them at trial.

The Regulations apply to all employers, employees and commercial motor vehicles for hire weighing 10,000 pounds or more which transport property or passengers in interstate commerce.

There are exemptions for school and municipal buses, taxis, hotel and airport vans, farm vehicles, newspaper distribution vehicles, vehicles carrying less than 15 people to work, vehicles in national parks, and transport of decorative rock, wood chips and crushed glass, etc.

Some courts in other jurisdictions have found violations of FMCSRs to constitute negligence per se, though the rulings are inconsistent.

Client Reviews

My family hired Ken after our parents were killed in a trucking accident in GA in 2013. We worked with Ken for 19 months before our case settled. During this time I thought Ken was outstanding. He was accessible to us at all times and maintained consistent communication. He was patient with us and...

David U., Client

When tragedy struck our family in the form of the wrongful death of our son and caused me physical injuries and changed our lives forever, we dragged our feet about hiring a lawyer. I didn't want to face having to go through the stress. Big mistake. The first thing you do is hire local counsel. I...

Carolyn R.

After my parents were killed in a tractor truck accident on December 2013, he fought hard against the insurance companies to help my brother, sister, and I. He was honest and always available to answer any questions I had. Ken went out of his way to meet with my brother and I while on vacation in...

Joan M., Client

I first met Ken when I watched him try a very difficult case involving catastrophic injuries. He was an incredibly effective advocate and was able to obtain justice for his client. I have since come to know him as one of the state's leading trial lawyers, particularly in trucking cases, which...

John H., Attorney

Ken Shigley is an excellent trial lawyer in the area of commercial trucking. He knows the specialized rules for handling truck wreck cases for the victims and their families when tractor-trailers leave a devastating loss, catastrophic injuries and deaths. He is an advocate who understands the impact...

Myles E., Attorney

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