Delaware Trucking Law

DELAWARE TRUCKING LAW

 

See below for Delaware Trucking Law.

 

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Call NOW and speak to Attorney Jason Waechter personally. We want to get our vast network of experts and truck injury accident attorneys working on your Delaware semi truck case immediately. CALL NOW: 1-800-708-5433 http://www.truckersresource.com/jobs.html

 

BOOK: Well, it’s a reference guide that helps attorneys litigate, and helps injured victims understand serious negligence cases or injury accident cases involving Delaware tractor trailers, or semi trucks.

 

CONNECTED: Attorney Jason Waechter is a member of the most prestigious national trucking organizations for lawyers, American Association for Justice’s Trucking Litigation Group and The Association of Plaintiff’s Interstate Trucking Lawyers of America.

 

RESEARCH: Attorney Jason Waechter has developed expertise in litigating serious injury and death accidents involving Delaware tractor trailers (semi trucks) and other commercial vehicles. We have extensively researched, worked with, and associated with the finest trucking injury attorneys across the country, in Delaware and in every state nationwide. Our network of specializing attorneys has a proven winning record in Delaware.

 

BEST TRUCKING LAWYERS

 

To associate with the best lawyers, we have researched the legal periodicals, law journals, verdict reports, and many other materials. These lawyers have winning verdicts, have won awards, speak at seminars teaching other attorneys, and all have excellent reputations. They are known and respected by judges and defense attorneys and fear and revered by insurance companies.

 

Call us immediately for free advice and a free assessment of your Delaware tractor trailer (semi truck) or commercial vehicle causing serious injury or death case. If the Law Offices of Jason A. Waechter do not personally handle your case, we will associate with or refer you to a proven specialist in the state the accident took place, all with the same no win, no fee promise. Just because two law firms are involved never means you pay more than the typical contingency fee. (To state this another way, you may get two firms for the same fees as one and there are no fees unless we collect money for you.)

 

Call now. Do not wait. Waiting could mean the difference between winning and losing. The faster you retain a firm and the sooner the Delaware tractor trailer or semi truck accident is investigated by us, our accident reconstructionists, or trucking investigators, the better the chance of preserving evidence to prove a substantially winning case for you and your family. Remember you are not obligated in any way when you call. When you call our firm, you will speak to the firm’s owner, Attorney Jason A. Waechter. CALL NOW! 1-800-708-5433

 

NATIONAL TRUCKING LAW

 

MILLIONS of dollars have been paid to our accident injury clients. Make sure you are one of them. CALL NOW! Attorney Jason Waechter, 1-800-708-5433.

 

The following law may apply to a Delaware tractor trailer, or semi truck, accident or other commercial vehicle accident. The Federal Motor Carrier Safety Regulations (FMCSR) are the rules that govern semi trucks on our highways, and have been adopted by the state of Delaware. They include rules drivers, their employers, and owners of trucks must follow.

 

The Federal Motor Carrier Safety Regulations that most certainly apply to any injury or death involving the negligence of a truck driver or a driver of a tractor trailer (semi trucks) or perhaps other commercial vehicles can be found at: www.fmcsa.dot.gov. The federal law in its entirety can be found in Title 49 of the Federal Code.

 

DELAWARE TRUCKING LAW

 

Delaware tractor trailer, or semi truck accident law may be a little different than the federal law. Some of the highlights are listed below.

 

  1. Delaware Trucking Law that governs Delaware semi truck accidents can be found at the following link:

 

Delaware Semi Truck Laws

 

  1. DELAWARE SEMI TRUCK DRIVER QUALIFICATIONS:

 

Both Federal and Delaware state safety regulations require that Delaware drivers of semi trucks (tractor trailers) meet certain qualifications. Each Delaware driver employed by a motor carrier (the trucking company) is required to have a “driver qualification file”. This file includes the driver’s application for employment, an inquiry to previous employers for the past three years employment history, an inquiry to state agencies for the past three years for a driving record, an inquiry to state agencies annually for driving records, an annual account of the driver’s certification of violations, a certificate or equivalent for the driver’s road test, and a medical examiner’s certificate which must be renewed every two years. Other requirements that must be met include:

 

  1. Age:

              1. Interstate Travel: (traveling within 2 or more states). The required age of an Delaware driver is at least 21 years old. (49 CFR § 391.11(b)(1))

              2. Intrastate Travel: (within a single state). The required age of a Delaware driver is at least 18 years old and the driver must have at least one year previous experience as an operator of a motor vehicle. (21 Del. C. § 4704)

 

  1. Language:

      1. English: Delaware semi truck drivers must be able to speak, understand, and converse in the English language.

      2. Delaware drivers must understand traffic signs.

      3. Delaware drivers must be able to make records and reports in English. (49 CFR 391.11(b)(2))

 

  1. Operation of Delaware Motor Carrier (Employer):

      1. Experience or training qualifies Delaware drivers to safely operate a Delaware semi truck (tractor trailer) or Delaware commercial vehicle. (49 CFR § 391.13)

      2. Delaware drivers must have the physical capability to operate motor carrier. (49 CFR § 391.41)

  1. Persons who are not physically qualified to drive a commercial motor vehicle per 49 C.F.R. Section 391.41 may apply for an intrastate only restricted commercial driver license waiver provided they are otherwise qualified to drive a motor vehicle, other than a motor vehicle which requires endorsements to transport passengers or hazardous materials, and meet the other provisions of this subsection, Title 21 and the Federal Motor Carrier Regulations.

The applicant must provide evidence and certify to the Secretary of Transportation that they have:

(1) Held a CDL and were employed on a full time basis in the operation of motor vehicles weighing over 26,000 pounds for at least 4 years during the previous 6 years;

(2) Not had a CDL disqualification during the previous 6 years;

(3) Not incurred 4 or more serious traffic violations, railroad-highway grade crossing offenses or out-of-service violations during the previous 6 years. (21 Del. C. § 4704)

 

    1. Delaware drivers are required to reduce speed and to take into consideration bad weather conditions. A Delaware semi truck driver must reduce speeds for snow, ice, fog, rain, smoke, dust, or other conditions that affect visibility or traction adversely. Certain conditions make it a requirement for the Delaware driver to stop their vehicle all together. (49 CFR § 392.14)

 

  1. Valid Delaware License:

      1. Delaware semi truck drivers must possess a currently valid C.D.L. (Commercial Driver’s License)

      2. The valid C.D.L. is issued by Delaware (49 CFR § 383.23(a)(2))

      3. The driver has successfully completed Delaware road test (49 CFR § 383.23(a))

 

  1. Delaware Certifications:

      1. Has any and all certifications required by Delaware employer / Delaware motor carrier (49 CFR § 391.27(c))

      2. Is not disqualified to operate a Delaware semi truck / Delaware motor carrier (49 CFR § 391.15)

 

  1. Delaware Driver Responsibility:

    1. Hours of Service

              1. No motor carrier shall permit or require any

driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle:

(1) More than 11 cumulative hours following 10 consecutive hours off duty; or (2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property- carrying driver complies with the provisions of Sec. 395.1(o). (b) No motor carrier shall permit or require a driver of a property- carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after—(1) Having been on duty 60 hours in any 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or (2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week. (c)(1)Any period of 7 consecutive days may end with the beginning of any off duty period of 34 or more consecutive hours; or (2) Any period of 8 consecutive days may end with the beginning of any off duty period of 34 or more consecutive hours. (49 CFR § 395.3)

 

            1. Hours of Service amendments: (a) Amend 49 C.F.R. § 395.3(b) by striking the word "No" as it appears as the 1st word thereof, and by substituting in lieu thereof the phrase, "Unless an emergency waiver is issued by the Director of the Delaware Emergency Management Agency, to assist with energy supply deliveries such as heating oil and liquefied petroleum gas, no."

(b) Amend 49 C.F.R § 395.1(n) by adding the following new sentences: "Any utility vehicle driver engaging in the provision or restoration of utility services when the loss of such service is unexpected, unplanned or unscheduled shall be exempted from 49 C.F.R. Part 395 in its entirety. The exemption of the regulation provided for in this subsection shall expire if the Secretary of the United States Department of Transportation determines that it is in conflict with the intent of the Federal Motor Carrier Safety Regulations."

(c) Amend 49 C.F.R. § 395.1(n) by adding the following new sentences: "Any utility vehicle driver engaging in the provision or restoration of utility services when the loss of such service is unexpected, unplanned or unscheduled shall be exempted from 49 C.F.R. Part 395 in its entirety. The exemption of the regulation provided for in this subsection shall expire if the Secretary of the United States Department of Transportation determines that it is in conflict with the intent of the Federal Motor Carrier Safety Regulations." (21 Del. C. § 4707)

 

            1. The reason for these hour restrictions is to prevent driver fatigue. It has been a proven fact that driver fatigue often is a cause of interstate trucking accidents. The trucking carrier and the driver are both responsible for this type of Hours-of-Service (HOS) violation.

 

    1. Truck Driver Logs

      1. A Delaware tractor trailer (semi truck) driver is required to keep certain specific logs to prove that he or she has not violated these Hours-of-Service rules. The Delaware employer or motor carrier is required to inspect the drivers’ logs to confirm compliance with these regulations. (49 CFR § 395.8)

 

    1. Driver Logs: 49 CFR § 395.8 involve a Delaware driver making a record of his duty status. A Delaware driver must keep a log of his or her status for every 24 hour period. Pursuant to Section 395.8 of the Federal Motor Carrier Safety Regulations, the log is usually in written form and on a grid.

 

    1. Because of technology, the Delaware driver log is often kept by an on-board recording device. The log indicates when the Delaware driver is on and off duty and whether they are driving or in the “sleeper birth”, which is usually designated as “SB”. The Delaware motor carrier is responsible if the tractor trailer (semi truck) driver submits a false log. (49 CFR § 395.15)

 

      1. There are sometimes investigations regarding whether a Delaware driver keeps two sets of logs or books, so that he or she could drive longer than they are allowed to drive by Delaware law.

 

    1. The following is an example of an Hours-of-Service truck driver log with no driving violations recorded:

 

 

 

 

 

    1. A Delaware motor carrier (the trucking company) is responsible and required to fashion or schedule their Delaware truck driver’s runs and routes in a way that would allow Delaware drivers to complete them without violating any speed limits or Hours-of-Service violations.

 

    1. Farm vehicles being operated on an intrastate basis within this State shall be exempt from the recordkeeping requirements as provided in Part 396. (21 Del. C. § 4708)

 

    1. Delaware tractor trailer (semi truck) drivers must follow posted speed limits. Trucks, often times, must follow a lower speed limit that drivers of cars.

 

    1. Alcohol and Controlled Substances

      1. Alcohol and drivers of Delaware tractor trailers (semi trucks): A trucker cannot have any alcohol in his or her system at all while driving a tractor trailer (semi truck). This, of course, includes driving, but also when Delaware drivers are merely “on duty”, which would include even if they were not driving, but where they are in physical control of the truck. (49 CFR § 382.201)

 

    1. Alcohol is not tolerated whatsoever, which is different from drivers of cars, certain vans, and motorcycles that have alcohol in their system up to certain limits, and still may be able to legally drive. The rules involving Delaware truck drivers are extremely strict. (49 CFR § 382.205)

 

    1. No driver shall report for duty or remain on duty when it requires the performance of safety functions, when the driver has used any controlled substance. (49 CFR § 382.213)

 

  1. Intrastate Regulations

  1. The State hereby adopts the following parts of the Code of Federal Regulations, Title 49, Chapter III, Subchapter B, except as modified by this chapter: Part 387, Part 390, Part 391, Part 392, Part 393, Part 395, Part 396 and Part 397 adopted pursuant to the Transportation Article of the United States Code (49 U.S.C. § 101 et seq.).

(b) Notwithstanding the adoption of the laws and regulations as indicated in subsection (a) of this section, no requirements under this chapter shall apply to any single vehicle or a vehicle in combination operated in intrastate commerce with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except for:

(1) A vehicle being used to transport hazardous materials of a type or quality that requires the vehicle to be marked or placarded in accordance with the Federal Motor Carrier Safety Regulations; or

(2) A vehicle having a seating capacity of 16 or more persons. (21 Del. C. § 4702)

 

    1. Truck Equipment & Repair

              1. A driver of a Delaware tractor trailer (semi truck) must make sure that his or her truck (trailer, or cab) and its equipment are in good working order at all times. (49 CFR § 396.3(a)(1))

 

    1. This section of the Federal Motor Carrier Safety Regulations includes brakes to the tractor, brakes to the trailer, parking brakes, steering devices, lighting devices, tires, horn, windshield wipers, rear vision mirrors, and coupling devices (a coupling device is analog shift register, that transports analog signals or electric charges).

 

      1. STUDIES SHOW THAT BRAKE FAILURE/DEFECTS ARE A MAJOR CAUSE IN A HIGH PERCENTAGE OF CRASHES: The National Highway Traffic Safety Administration (NHTSA) found that in 2004 there were over 400,000 big trucks that were involved in traffic crashes in the U.S. This study found that 5,190 people died and 116,000 were injured in those crashes. In 2004, one out of eight traffic fatalities in were a result from a collision involving a large truck.

      2. It is important for regulations to be followed so that violations do not result in a Delaware semi truck accident. Many violations exist and will result in an accident if not inspected regularly.

    1. The Delaware driver is responsible to make sure even their emergency medical equipment is in working order and legal at all times. The truck driver has a duty to inspect it and use it. (49 CFR § 393.95)

 

    1. An Delaware driver must make sure that emergency equipment is in place and ready to be used at any time. (49 CFR § 393.95)

 

    1. Disqualifications of Driver:

 

  1. Delaware motor carriers, or employers or semi truck drivers, do not have the authority to disqualify a semi truck driver. Disqualifying offenses are listed in the Federal Motor Carrier Safety Regulations. (49 CFR § 391.15)

  2. Some disqualifying offenses of Delaware semi truck drivers include (but are not limited to):

      1. Driving with a revoked or suspended license

      2. Driving while under the influence of alcohol or drugs

      3. Leaving an accident scene that involves a commercial motor vehicle (semi truck)

      4. Committing a felony with the use of a commercial motor vehicle (semi truck)

      5. Speeding, or Reckless Driving

      6. Improper and/or erratic traffic lane changes

      7. Following another vehicle too closely when driving the semi truck

      8. Railroad crossing violations when driving the semi truck

 

    1. Law: 49 C.F.R. (Click the following link to be taken to the law in its entirety: Title 49 Law)

 

  1. The National Network (or National Truck Network) is a network of approved state highways and interstates for semi truck (tractor trailer) drivers in the United States. The following Routes are acceptable for Delaware semi truck drivers:

 

Route

From

To

US 13

MD State Line

I-495 S. Int. Wilmington

US 40

MD State Line

I-295/US 13 Wilmington

US 113

MD State Line

US 13 Dover

US 301

MD State Line

I-295/US 13 Wilmington

 

 

  1. FALLEN CARGO: Many Delaware semi truck accidents occur because cargo has fallen from the Delaware truck’s trailer and injured another Delaware motorist. Often when Delaware semi truck accidents occur because of fallen cargo it is a result of the Delaware driver not securing the cargo properly. There are certain rules that Delaware semi truck drivers must follow when securing cargo.

 

  1. LAW: Delaware adopts “The Federal Motor Carrier Safety Regulations”, which is Title 49 of the Federal Code, with some modifications for the state of Delaware.

 

  1. DELAWARE IS AN AT-FAULT STATE.

 

    1. Delaware is an at-fault state. This means that the law of negligence governs motor vehicle accidents. You may be able to sue for injuries and damages arising out of your Delaware semi truck accident, including, but not limited to:

      1. Physical Pain & Suffering

      2. Mental Pain & Suffering

      3. Medical Expenses (Past & Reasonable Future Expenses)

      4. Rehabilitative Expenses

      5. Permanent Serious Impairment

      6. Permanent Serious Disfigurement

      7. Loss of Enjoyment of Life

      8. Loss of Consortium

      9. Physical Property Damage

 

    1. Delaware Uninsured Motorist Coverage:If you are injured in a Delaware tractor trailer, or semi truck accident, and wish to commence suit, carrying UIM coverage may protect you if you are involved in a Delaware semi truck accident with an at-fault driver who has inadequate or no insurance to cover your claims.

    2. Underinsured Motorist: If you are injured in a Delaware semi truck accident by an at-fault driver who has INADEQUATE insurance to cover your claims, UIM may protect you in this situation.

    3. Statute of Limitations: 2 years

      1. If you wish to commence a suit to recover damages for injuries resulting from your Delaware semi truck crash, you must do so within 2 years from the date of your Delaware semi truck accident. (10 Del. C. § 8119)

 

  1. IF YOUR WERE INVOLVED IN A DELAWARE SEMI TRUCK ACCIDENT, YOU MAY BE INTERESTED IN THESE DELAWARE TRUCKING WEBSITE LINKS:

    1. Delaware Department of Transportation

www.deldot.gov

    1. Delaware Public Service Commission

depsc.delaware.gov

    1. Delaware State Police

dsp.delaware.gov

    1. Commercial Vehicle Safety Alliance

www.cvsa.org

    1. American Trucking Associates

www.truckline.com

    1. Truck Safety Coalition

www.trucksafety.org

    1. Delaware Motor Transport Association, Inc.

www.dmta1.com

 

  1. CALL ATTORNEY JASON WAECHTER OF www.TruckAccidentLawyers-USA.com. Our associating attorneys in Delaware and each state specialize in handling injury accidents involving semi trucks, or tractor trailers. Call Jason Waechter NOW for free advice. Often, time is of the essence and quick, thorough investigation makes the difference in these specialized cases. Call and speak to Attorney Jason Waechter personally NOW! 1-800-708-5433.

 

  1. The federal regulations that governs semi truck, or tractor trailer, accidents is “The Federal Motor Carrier Safety Regulations”, which can be found at the website:

 

www.fmcsa.dot.gov

 

Our trucking law office handles or can handle cases in the following Delaware cities:

 

A

Arden Delaware semi truck accident
 
B

Beach Delaware semi truck accident, Bear Delaware semi truck accident, Bethany Beach Delaware semi truck accident, Bethany Beach Delaware semi truck accident, Bethel Delaware semi truck accident, Blades Delaware semi truck accident, Bowers Delaware semi truck accident, Bridgeville Delaware semi truck accident
 
C

Camden Delaware semi truck accident, Cheswold Delaware semi truck accident, Christiana Delaware semi truck accident, Claymont Delaware semi truck accident, Clayton Delaware semi truck accident
 
D

Dagsboro Delaware semi truck accident, Delaware City Delaware semi truck accident, Delmar Delaware semi truck accident, Dewey Beach Delaware semi truck accident, Dover Delaware semi truck accident, Dover AFB Delaware semi truck accident
 
E

Edgemoor Delaware semi truck accident, Ellendale Delaware semi truck accident, Elsmere Delaware semi truck accident
 
F

Farmington Delaware semi truck accident, Felton Delaware semi truck accident, Fenwick Island Delaware semi truck accident, Fenwick Island Delaware semi truck accident, Frankford Delaware semi truck accident, Frederica Delaware semi truck accident
 
G

Georgetown Delaware semi truck accident, Greenville Delaware semi truck accident, Greenwood Delaware semi truck accident
 
H

Harbeson Delaware semi truck accident, Harrington Delaware semi truck accident, Hartly Delaware semi truck accident, Hockessin Delaware semi truck accident, Houston Delaware semi truck accident
 
K

Kenton Delaware semi truck accident, Kirkwood Delaware semi truck accident
 
L

Laurel Delaware semi truck accident, Leipsic Delaware semi truck accident, Lewes Delaware semi truck accident, Lincoln Delaware semi truck accident, Little Creek Delaware semi truck accident, Long Neck Delaware semi truck accident
 
M

Magnolia Delaware semi truck accident, Manor Delaware semi truck accident, Marshallton Delaware semi truck accident, Marydel Delaware semi truck accident, Middletown Delaware semi truck accident, Milford Delaware semi truck accident, Millsboro Delaware semi truck accident, Millville Delaware semi truck accident, Milton Delaware semi truck accident, Montchanin Delaware semi truck accident
 
N

Nassau Delaware semi truck accident, New Castle Delaware semi truck accident, Newark Delaware semi truck accident, Newport Delaware semi truck accident
 
O

Ocean View Delaware semi truck accident, Odessa Delaware semi truck accident
 
P

Port Penn Delaware semi truck accident
 
R

Rehoboth Beach Delaware semi truck accident, Rockland Delaware semi truck accident
 
S

Saint Georges Delaware semi truck accident, Seaford Delaware semi truck accident, Selbyville Delaware semi truck accident, Slaughter Beach Delaware semi truck accident, Smyrna Delaware semi truck accident, South Bethany Delaware semi truck accident, Stanton Delaware semi truck accident
 
T

Talleyville Delaware semi truck accident, Townsend Delaware semi truck accident, Trolley Square Delaware semi truck accident
 
V

Viola Delaware semi truck accident
 
W

Wilmington Delaware semi truck accident, Winterthur Delaware semi truck accident, Woodside Delaware semi truck accident, Wyoming Delaware semi truck accident

 

*There are many exceptions to Delaware semi truck accident law and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your Delaware semi truck injury.

 

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

 

***Law portion of site in progress. Delaware trucking law regarding Delaware semi truck accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.

 

 

Delaware Truck Accident Lawyers helping truck accident victims. If you were injured in a truck accident, you need to speak with a qualified trial attorney, one who knows truck law. We can help you find the right law firm to represent you.