When a fatigued truck driver falls asleep and barrels through stopped traffic on a highway, it’s obvious to everyone that the case would be considered a “truck accident case.” However, there are many crashes where it might not be so obvious. Many company vehicles, such as pick-up trucks hauling trailers, can be classified as “commercial motor vehicles” according to the Federal Motor Carrier Safety Administration (FMCSA).
But in the midst of an accident, you probably won’t know for certain whether the vehicle that hit you was a commercial motor vehicle or not. So, how do you find out? An experienced truck accident lawyer can help you determine this issue by investigating the accident and all vehicles involved.
If you were recently hurt in an accident, our auto accident attorneys at Shannon Law Group, P.C., can help you make heads and tails of the crash. Every day, we help accident victims recover financially and emotionally following catastrophic injury by holding the responsible parties accountable in the courtroom.
Contact us today for a free, no-obligation consultation. We’re just a call or contact form away from helping you!
Keep reading to learn more about the commercial motor vehicle accident lawsuits (and how they’re different from typical crash cases).
What is a Commercial Motor Vehicle?
A commercial motor vehicle (CMV) operates for commercial or business purposes. Most people drive vehicles for personal reasons. On the other hand, a commercial driver operates a business vehicle.
Most people know that semi-trucks or big rigs are commercial vehicles. They may not know, though, that buses and smaller trucks can be CMVs as well.
How do we know what’s a CMV (and what’s not)? Let’s look at the criteria set forth by the FMCSA. In general, a vehicle is considered a commercial motor vehicle if it is a self-propelled or towed vehicle used to transport goods or passengers with:
- A gross vehicle weight rating or combination weight rating of 26,001 points or more; or
- Seats to transport more than eight passengers for money; or
- Seats to transport more than 15 passengers, not for money; or
- A bed or trailer to haul a large quantity of hazardous material.
As you can see, the definition of a commercial motor vehicle can be so confusing that some companies may not even realize that they’re operating CMVs. Owners and operators of commercial motor vehicles must follow specific laws and regulations. If they don’t, they could face serious legal penalties.
Here are some examples of commercial motor vehicles you’ll see on the road:
- Box truck
- Flatbed truck
- A landscaping pick-up truck hauling a trailer
- A church bus designed for transporting more than 15 people
- Garbage trucks
- Delivery trucks
- Cement trucks
- Some tow trucks
Commercial Driver’s License (CDL) Requirements?
To lawfully drive a commercial motor vehicle, a driver must get a commercial driver’s license (CDL). This special class of license can be acquired after completing specific tests and training.
Drivers must pass written knowledge and driving exams to get their CDL in Illinois. They must also undergo a driving record check and medical exam. In Illinois, CDLs expire every 4 years, so drivers must renew and retake the vision exam each time.
As mentioned, when you have a CDL, you must abide by the rules and regulations set forth by the FMCSA.
Here are some regulations that commercial drivers must follow in Illinois:
- Restricted to operating an approved CMV depending on the driver’s license class
- May be unable to travel for intrastate commerce depending on the license
- Hours of service regulations
- Medical certification required
- Legal blood alcohol concentration limit of 0.04%
Does it matter whether a lawsuit is a truck accident case or a car crash case?
Yes, it does. In short, commercial drivers are held to a higher standard compared to everyday drivers. They must follow specific rules under state and federal law to drive on the roadways. Truck accident lawsuits are often far more complicated and require specialized knowledge of this area of law. A car accident lawyer that handles regular crash cases likely does not have this knowledge.
You see, every company that operates commercial motor vehicles for interstate business (and in-state business in most states) is governed by a long list of specialized rules and regulations. These regulations are aimed at making sure that these companies are operating safely.
At Shannon Law Group, we have studied these regulations inside and out. We understand what trucking companies should and shouldn’t do. Oftentimes, they make errors and outsights months and even years before a serious truck crash occurs. The company’s oversight ultimately caused the accident down the road.
Case Study: What Happens When a Company Doesn’t Follow the Rules
These vehicle photos above come from two different cases that we have had in the last few years. What do the pictures have in common? Though not obvious, both of them meet the definition of a CMV under federal regulations (the pickup truck shown was hauling a trailer carrying another pickup truck).
Moreover, the owners of each vehicle had ZERO clues that the vehicles were CMVs and subject to far more stringent rules than your average vehicle. Because they didn’t bother learning that their vehicles were CMVs, they never bothered to adequately vet or train the drivers of these vehicles. Both drivers broke the safety rules governing their driving operations and catastrophically injured our clients.
These real-life examples highlight why it’s essential to consult with an attorney familiar with trucking rules and regulations, including an understanding of what makes a vehicle a CMV. If you’re not sure whether your crash case may actually be a trucking case, do not hesitate to call us and ask.
Injured in an Accident? Our Chicago Attorneys Can Help
If you or someone you love was injured in a truck accident in Illinois, we’re ready to help. Our attorneys have handled many high-profile truck accident lawsuits in the past, and we’ve helped our clients recover emotionally and financially after a catastrophic crash.
Contact us today to schedule your free consultation. Call now or fill out the contact form on this page to get started. We look forward to speaking with you!
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