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New Regulations to Protect Victims of Truck Accidents

The Federal Motor Carrier Safety Administration has published new regulations that ban the use of cell phones while driving trucks.  The rule will be effective in about 30 days and will provide needed protection to motorists on our nation's highways from needless accidents with tractor trailers and other trucks. 

The Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) are amended to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs) including big rigs, tractor trailers, semi and other trucks involved in interstate commerce.

This rulemaking will improve safety on the Nation’s highways by reducing the prevalence of distracted driving related crashes, fatalities, and injuries involving drivers of CMVs.

The Agencies that regulate interstate trucks also are amending  their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver’s license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones.

Trucking accidents are a leading cause of death and injury on our nation’s highways.  Not surprisingly, many of these accidents result in traumatic brain injury to the innocent victims. The law firm of De Caro & Kaplen, LLP has developed special knowledge and experience in representing accident victims involved in collisions with trucks.  Michael Kaplen is on the advisory board of the plaintiff’s interstate trucking association.  Both Michael Kaplen and his partner Shana De Caro are active members of the American Association for Justice Interstate Trucking Litigation Group.  Contact De Caro & Kaplen, if you need legal assistance following an accident with a tractor trailer or other big rig.

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