Rhode Island Truck Accident Lawyer - find an attorney for Rhode Island semi truck accident cases.
RHODE ISLAND TRUCKING LAW
See below for Rhode Island Trucking Law.
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BOOK: Well, it’s a reference guide that helps attorneys litigate, and helps injured victims understand serious negligence cases or injury accident cases involving Rhode Island 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 Rhode Island 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 Rhode Island and in every state nationwide. Our network of specializing attorneys has a proven winning record in Rhode Island.
BEST TRUCKING LAWYERS
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Call us immediately for free advice and a free assessment of your Rhode Island 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 Rhode Island 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
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The following law may apply to a Rhode Island 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 Rhode Island. 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.
RHODE ISLAND TRUCKING LAW
Rhode Island tractor trailer, or semi truck accident law may be a little different than the federal law. Some of the highlights are listed below.
1. Rhode Island Trucking Law that governs Rhode Island semi truck accidents can be found at the following links:
Rhode Island Semi Truck Laws
2. RHODE ISLAND SEMI TRUCK DRIVER QUALIFICATIONS:
Both Federal and Rhode Island state safety regulations require that Rhode Island drivers of semi trucks (tractor trailers) meet certain qualifications. Each Rhode Island 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:
a. Age:
i. Interstate Travel: (traveling within 2 or more states). The required age of a Rhode Island tractor trailer (semi truck) driver is at least 21 years old. (49 CFR § 391.11(b)(1))
ii. Intrastate Travel: (within a single state). The required age of a Rhode Island driver is at least 18 years old. (R.I. Gen. Laws § 31-10.3-15)
b. Language:
i. English: Rhode Island semi truck drivers must be able to speak, understand, and converse in the English language.
ii. Rhode Island tractor trailer (semi truck) drivers must understand traffic signs.
iii. Rhode Island semi truck drivers must be able to make records and reports in English. (49 CFR 391.11(b)(2))
c. Operation of Rhode Island Motor Carrier (Employer):
i. Experience or training qualifies Rhode Island tractor trailer (semi truck) drivers to safely operate A Rhode Island semi truck (tractor trailer) or Rhode Island commercial vehicle. (49 CFR § 391.13)
ii. Rhode Island semi truck drivers must have the physical capability to operate motor carrier. (49 CFR § 391.41)
iii. Rhode Island tractor trailer (semi truck) drivers are required to reduce speed and to take into consideration bad weather conditions. A Rhode Island 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 Rhode Island driver to stop their vehicle all together. (49 CFR § 392.14)
d. Valid Rhode Island License:
i. Rhode Island semi truck drivers must possess a currently valid C.D.L. (Commercial Driver’s License)
ii. The valid C.D.L. is issued by Rhode Island (49 CFR § 383.23(a)(2))
iii. The semi truck driver has successfully completed Rhode Island road test (49 CFR § 383.23(a))
e. Rhode Island Certifications:
i. Has any and all certifications required by Rhode Island employer / Rhode Island motor carrier (49 CFR § 391.27(c))
ii. Is not disqualified to operate a Rhode Island semi truck / Rhode Island motor carrier (49 CFR § 391.15)
f. Rhode Island Driver Responsibility:
a. Hours of Service
i. Except for intrastate carrier tows and recovering operations provided at the request of a law enforcement agency for public safety purposes, no motor carrier shall permit or require any driver used by it to drive nor shall any driver exceed the hours for service for drivers as provided in 49 CFR Part 395, as may be amended from time to time. (R.I. Gen. Laws § 31-27-5)
ii. 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)
iii. 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.
b. Truck Driver Logs
i. A Rhode Island 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 Rhode Island employer or motor carrier is required to inspect the drivers’ logs to confirm compliance with these regulations. (49 CFR § 395.8)
ii. Driver Logs: 49 CFR § 395.8 involve A Rhode Island tractor trailer (semi truck) driver making a record of his duty status. A Rhode Island 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.
iii. Because of technology, the Rhode Island semi truck driver log is often kept by an on-board recording device. The log indicates when the Rhode Island driver is on and off duty and whether they are driving or in the “sleeper birth”, which is usually designated as “SB”. The Rhode Island 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 Rhode Island driver keeps two sets of logs or books, so that he or she could drive longer than they are allowed to drive by Rhode Island law.
iv. The following is an example of an Hours-of-Service truck driver log with no driving violations recorded:
v. A Rhode Island motor carrier (the trucking company) is responsible and required to fashion or schedule their Rhode Island truck driver’s runs and routes in a way that would allow Rhode Island drivers to complete them without violating any speed limits or Hours-of-Service violations.
vi. It Shall be the duty of motor carriers operating in intrastate commerce to retain for a period of at least three years, all freight bills, delivery receipts, shipping orders, tariffs or supplements, copies of contracts and schedules of actual rates, records of insurance coverage, and other prescribed business records. Such records may be maintained at a location other than the primary business office providing such records are available for retrieval upon request. Records must be maintained on the business premises for the most recent six month period. (CRIR 90-070-002)
vii. Rhode Island tractor trailer (semi truck) drivers must follow posted speed limits. Trucks, often times, must follow a lower speed limit that drivers of cars.
c. Alcohol and Controlled Substances
i. Alcohol and drivers of Rhode Island 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 Rhode Island 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)
ii. 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 Rhode Island truck drivers are extremely strict. (49 CFR § 382.205)
iii. 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)
d. Truck Equipment & Repair
i. A driver of A Rhode Island 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))
ii. 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 Rhode Island semi truck accident. Many violations exist and will result in an accident if not inspected regularly.
iii. The name as it appears on the certificate, or permit, street address, town or city, along with the certificate or permit number shall be displayed on both sides of every vehicle utilized as a common or contract carrier in letters visible at 50 feet. Appropriate abbreviations are acceptable. If business names are used in addition to the name on the certificate, the name must be registered with the Division. Only one business name can be used. (CRIR 90-070-002)
iv. The Rhode Island tractor trailer (semi truck) 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)
v. A Rhode Island semi truck driver must make sure that emergency equipment is in place and ready to be used at any time. (49 CFR § 393.95)
e. Disqualifications of Driver:
i. Rhode Island 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)
ii. Some disqualifying offenses of Rhode Island 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
f. Law: 49 C.F.R. (Click the following link to be taken to the law in its entirety: Title 49 Law)
3. 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 Rhode Island semi truck drivers:
RI 10 RI 195 Providence I-95 Cranston. RI 37 I-295 Cranston I-95 near Lincoln Park. RI 146 I-95 Providence I-295 N. of Lime Rock. RI 195 I-295 Johnston RI 10 Providence.
4. FALLEN CARGO: Many Rhode Island semi truck accidents occur because cargo has fallen from the Rhode Island truck’s trailer and injured another Rhode Island motorist. Often when Rhode Island semi truck accidents occur because of fallen cargo it is a result of the Rhode Island driver not securing the cargo properly. There are certain rules that Rhode Island semi truck drivers must follow when securing cargo.
5. LAW: Rhode Island adopts “The Federal Motor Carrier Safety Regulations”, which is Title 49 of the Federal Code, with some modifications for the state of Rhode Island.
6. RHODE ISLAND IS AN AT-FAULT STATE.
i. Rhode Island is an at-fault state: This means that when you are injured in a Rhode Island semi truck accident, the law of negligence will govern your claim. The at-fault driver is responsible for your injuries.
ii. Uninsured Motorist Coverage: If you are injured in a Rhode Island semi truck accident, by an at-fault driver who does not have any insurance, or adequate insurance, to cover your claim, uninsured or underinsured motorist coverage may protect you in this situation.
1. Uninsured Motorist: UIM Coverage may protect you if you are involved in a Rhode Island semi truck accident with an at-fault driver who does not have ANY insurance to cover your damages.
2. Underinsured Motorist: UIM Coverage may protect you if you are involved in a Rhode Island semi truck accident with an at-fault driver who does not have ADEQUATE insurance to cover your damages.
iii. Statute of Limitations: 3 years
1. If you wish to commence a suit to recover damages for injuries resulting from your Rhode Island semi truck crash, you must do so within 3 years from the date of your Rhode Island semi truck accident. (R.I. Gen. Laws § 9-1-14)
1. IF YOUR WERE INVOLVED IN A RHODE ISLAND SEMI TRUCK ACCIDENT, YOU MAY BE INTERESTED IN THESE RHODE ISLAND TRUCKING WEBSITE LINKS:
a. Rhode Island Department of Transportation
www.dot.state.ri.us/
b. Rhode Island Department of Motor Vehicles
www.dmv.ri.gov/
c. Rhode Island Public Utilities Commission and Division of Public Utilities and Carriers
www.ripuc.org/utilityinfo/motorcarriers.html
d. Rhode Island State Police
www.risp.ri.gov/
e. Commercial Vehicle Safety Alliance
www.cvsa.org/
f. American Trucking Associates
www.truckline.com
g. Truck Safety Coalition
www.trucksafety.org/
h. Rhode Island Trucking Association
www.ritrucking.org/
2. CALL ATTORNEY JASON WAECHTER OF www.TruckAccidentLawyers-USA.com. Our associating attorneys in Rhode Island 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.
3. 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 Rhode Island cities:
A
Adamsville Rhode Island Semi Truck Accident, Albion Rhode Island Semi Truck Accident, Ashaway Rhode Island Semi Truck Accident
B
Barrington Rhode Island Semi Truck Accident, Block Island Rhode Island Semi Truck Accident, Bradford Rhode Island Semi Truck Accident, Bristol Rhode Island Semi Truck Accident, Burrillville Rhode Island Semi Truck Accident
C
Carolina Rhode Island Semi Truck Accident, Central Falls Rhode Island Semi Truck Accident, Charlestown Rhode Island Semi Truck Accident, Chepachet Rhode Island Semi Truck Accident, Clayville Rhode Island Semi Truck Accident, Coventry Rhode Island Semi Truck Accident, Cranston Rhode Island Semi Truck Accident, Cumberland Rhode Island Semi Truck Accident
E
East Greenwich Rhode Island Semi Truck Accident, East Providence Rhode Island Semi Truck Accident, Exeter Rhode Island Semi Truck Accident
F
Fiskeville Rhode Island Semi Truck Accident, Forestdale Rhode Island Semi Truck Accident, Foster Rhode Island Semi Truck Accident
G
Glendale Rhode Island Semi Truck Accident, Glocester Rhode Island Semi Truck Accident, Greene Rhode Island Semi Truck Accident, Greenville Rhode Island Semi Truck Accident
H
Harmony Rhode Island Semi Truck Accident, Harrisville Rhode Island Semi Truck Accident, Hope Rhode Island Semi Truck Accident, Hope Valley Rhode Island Semi Truck Accident, Hopkinton Rhode Island Semi Truck Accident
J
Jamestown Rhode Island Semi Truck Accident, Johnston Rhode Island Semi Truck Accident
K
Kenyon Rhode Island Semi Truck Accident, Kingston Rhode Island Semi Truck Accident
L
Lincoln Rhode Island Semi Truck Accident, Little Compton Rhode Island Semi Truck Accident
M
Manville Rhode Island Semi Truck Accident, Mapleville Rhode Island Semi Truck Accident, Middletown Rhode Island Semi Truck Accident, Misquamicut Rhode Island Semi Truck Accident
N
Narragansett Rhode Island Semi Truck Accident, Newport Rhode Island Semi Truck Accident, Newport NS Rhode Island Semi Truck Accident, North Kingstown Rhode Island Semi Truck Accident, North Providence Rhode Island Semi Truck Accident, North Scituate Rhode Island Semi Truck Accident, North Smithfield Rhode Island Semi Truck Accident
P
Pascoag Rhode Island Semi Truck Accident, Pawtucket Rhode Island Semi Truck Accident, Peace Dale Rhode Island Semi Truck Accident, Portsmouth Rhode Island Semi Truck Accident, Providence Rhode Island Semi Truck Accident, Prudence Island Rhode Island Semi Truck Accident
R
Richmond Rhode Island Semi Truck Accident, Riverside Rhode Island Semi Truck Accident, Rockville Rhode Island Semi Truck Accident, Rumford Rhode Island Semi Truck Accident
S
Saunderstown Rhode Island Semi Truck Accident, Scituate Rhode Island Semi Truck Accident, Shannock Rhode Island Semi Truck Accident, Slatersville Rhode Island Semi Truck Accident, Slocum Rhode Island Semi Truck Accident, Smithfield Rhode Island Semi Truck Accident, South Kingstown Rhode Island Semi Truck Accident
T
Tiverton Rhode Island Semi Truck Accident
V
Valley Falls Rhode Island Semi Truck Accident
W
Wakefield Rhode Island Semi Truck Accident, Warren Rhode Island Semi Truck Accident, Warwick Rhode Island Semi Truck Accident, Watch Hill Rhode Island Semi Truck Accident, West Greenwich Rhode Island Semi Truck Accident, West Kingston Rhode Island Semi Truck Accident, West Warwick Rhode Island Semi Truck Accident, Westerly Rhode Island Semi Truck Accident, Wickford Rhode Island Semi Truck Accident, Wood River Junction Rhode Island Semi Truck Accident, Woonsocket Rhode Island Semi Truck Accident, Wyoming Rhode Island Semi Truck Accident
*There are many exceptions to Rhode Island 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 Rhode Island 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. Rhode Island trucking law regarding Rhode Island 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.
Rhode Island 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.
