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18 Wheeler Wrecks and Definition of Commercial Motor Vehicle

Published on Dec 30, 2014 at 4:12 pm in 18-Wheeler wreck, Commercial Motor Vehicle, Drowsy Driving, Uncategorized.

Recently there has been much talk and “traffic” about hours of service regulations for 18 Wheelers. Hours of service regulations define how much a driver can drive during certain periods of time and apply to Commercial Motor Vehicles. An important first question is what qualifies as a Commercial Motor Vehicle for purposes of the Federal Motor Carrier Safety Regulations Hour of Service Rules. 18 Wheelers typically do of course, but other vehicles qualify also. The Federal Motor Carrier Safety Administration defines Commercial Motor Vehicle on its website as in general “a vehicle that is used as part of a business and is involved in interstate commerce and weighs more than 10,001 pounds.” There are other vehicles that can qualify as a CMV including, but not limited to, any vehicle carrying hazardous material in quantities requiring placards, any vehicle designed or used to transport 9 or more passengers for compensation, or any vehicle designed or used to transport 16 or more passengers not for compensation.

The second question would be what are the current hours of service rules.The Consolidated and Further Continuing Appropriations Act of 2015 was enacted Dec. 16, 2014 and suspended enforcement of requirements for use of certain hours of service requirements. The current regulations appear here https://www.fmcsa.dot.gov/regulations/title49/part/395.

It is important to note that in any wreck with a 18 wheeler the trucking company will have experts on the scene almost immediately gathering evidence and attempting to reconstruct the wreck. These wrecks are very different than your wrecks between two regular passenger cars. People injured in 18 wheeler wrecks would typically benefit from having representation immediately, whether it is McMath Woods or another experienced law firm. McMath Woods has experience in catastrophic 18 wheeler wreck cases and stands ready to dispatch consultants and experts to the scene of the wreck to help preserve evidence on behalf of clients and insure justice will done. These cases are handled on a contingency fee basis with no fee owed if no recovery is made. Please call on us. We have represented individuals significantly injured in these type wrecks, including cases involving serious injury and death.

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