Large truck and commercial transport operators face an enhanced requirement for safety in the maintenance and operation of their vehicles and to be proactive to prevent the potential for massive injury and loss of life that their vehicles are capable of. Establishing liability requires proving what is reasonable. Investigations into the truck driver and/or agency that employs them are crucial to prove whether the negligence, lax adherence to safety protocols, behaviors and inadequate maintenance may have contributed to an accident based on standards and rules of the Department Of Transportation (DOT) or it its specific function as the Federal Motor Carrier Safety Administration (FMCSA). If you have an accident with a commercial vehicle such as a truck or large transport, your attorney should be aware of both national and local laws that apply and the necessary investigations a successful lawsuit involving large transport requires.
The following is one of many such legal considerations and in this example, the local ordinance differs from standard Georgia ordinances.
- All motor vehicles having a gross weight in excess of 36,000 pounds, including the load thereon, or having an overall length in excess of 30 feet, except vehicles designed to carry passengers or vehicles having more than six wheels; are prohibited from using any public roads within the unincorporated county except those authorized and designated as truck routes by this section, except when the terminal, parking lot, or repair garage, or headquarters, or place of pickup or delivery of the restricted motor vehicle is not on a designated truck route, ingress to and egress from such places shall be made by the most direct route available between the terminal, parking lot, repair garage, headquarters, or place of pickup or delivery and nearest designated truck route. (CONTINUES…)
(Ord. No. 21, 8-13-1984; Amend. 10-28-1985; Amend. 3-10-1986; Amend. 7-23-1990; Ord. No. 89, §§ I—IV, 7-21-2003; Ord. No. 89-B, 6-5-2008)
There are a few more details to this modified ordinance, so consult the link above for further details. For more information see; full text.
Image courtesy of Enzo Varsi from Pixabay
DISCLAIMER: The information herein is for educational purposes only and does not constitute legal advice. For any legal matters, we urge you to take the advice of an attorney familiar with your case.