David Adams Gardner
David Gardner has successfully represented victims of trucking and bus crashes across New Jersey. His expertise in federal transportation laws allows him to uncover regulatory violations that prove negligence and hold commercial carriers accountable. He has helped clients:
- Challenge deceptive defense tactics used by trucking and bus companies.
- Recover compensation for catastrophic injuries, including traumatic brain injuries, spinal cord damage, and wrongful death claims.
- Investigate hidden violations of FMCSA regulations that contributed to the crash.
- Secure fair settlements and trial verdicts against powerful transportation corporations.
Contact David Gardner for extensive knowledge Representation
If you or a loved one has been injured in a trucking or bus accident, it is crucial to act quickly. Federal regulations impose strict deadlines for preserving evidence, and large corporations will move aggressively to limit their liability.
David Gardner provides dedicated legal representation to fight for your rights and ensure that violators of transportation safety laws are held accountable.
Understanding the Complexity of Trucking and Bus Accidents in New Jersey
How Trucking and Bus Accidents Differ from Automobile Accidents
While automobile accidents often involve private individuals and their personal insurance policies, trucking and bus accidents introduce a far greater level of complexity due to the involvement of commercial carriers, corporate entities, and federal regulations. These cases demand specialized legal strategies and a deep understanding of federal transportation laws.
Unlike standard auto accidents, trucking and bus accidents often involve:
- Larger Vehicles with Greater Impact Forces – Trucks and buses significantly outweigh passenger cars, resulting in catastrophic injuries and extensive property damage.
- Complex Liability Issues – Liability may extend beyond just the driver and include trucking companies, maintenance contractors, bus operators, and insurance carriers.
- Multiple Federal and State Regulations – Commercial vehicle operators must comply with federal laws that govern driver behavior, vehicle maintenance, and operational safety.
Federal Regulations Governing Truck and Bus Operators
Federal laws play a significant role in determining liability in commercial vehicle accidents. The Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT) impose strict requirements on trucking and bus companies to protect the public from preventable crashes. Key regulations include:
- Hours of Service (HOS) Regulations – 49 CFR Part 395
Commercial drivers are subject to federal limits on driving hours to prevent driver fatigue, a major cause of truck and bus crashes. HOS regulations specify:
- A maximum of 11 hours of driving following 10 consecutive hours off-duty for truck drivers.
- A maximum of 10 hours of driving after 8 consecutive hours off-duty for bus drivers.
- Mandatory 30-minute breaks after 8 hours of driving.
- Vehicle Maintenance and Inspection Standards – 49 CFR Part 396
Trucking and bus companies must regularly inspect, repair, and maintain their fleets to ensure safety. These regulations require:
- Pre-trip and post-trip inspections for all commercial vehicles.
- Immediate repairs of any safety-related defects before operation.
- Routine maintenance logs that must be retained for inspection.
- Drug and Alcohol Testing Requirements – 49 CFR Part 382
Drivers of commercial trucks and buses are subject to strict drug and alcohol testing protocols to ensure they are not operating under the influence. Regulations mandate:
- Pre-employment drug testing for all commercial drivers.
- Random testing throughout employment.
- Post-accident testing for drivers involved in serious crashes.
- Licensing and Training Requirements – 49 CFR Part 383
Drivers of large trucks and buses must obtain a Commercial Driver’s License (CDL), which requires:
- Specialized training in handling large vehicles.
- Medical certifications proving fitness to drive.
- Endorsements for specialized operations, such as hazardous materials transport.
The Defense Strategies Used in Trucking and Bus Accident Cases
Because of the high financial stakes in trucking and bus accident litigation, defense attorneys representing commercial carriers aggressively challenge claims. These companies have teams of lawyers and insurers who use various strategies to minimize liability, including:
- Blaming the Victim – Defense lawyers often argue that the injured party was responsible for the accident by claiming speeding, reckless driving, or sudden lane changes.
- Disputing Injury Severity – Insurance carriers may challenge medical diagnoses, alleging that injuries preexisted the accident.
- Hiding or Destroying Evidence – Some trucking companies have been caught altering or deleting electronic logs, maintenance records, or dashcam footage.
- Delaying Legal Proceedings – Defendants may stall litigation to pressure victims into accepting low settlements.
Why Federal Regulations Matter in Proving Negligence
In cases involving trucks and buses, failure to comply with federal safety laws is often a key factor in proving negligence. Plaintiffs must focus on:
- Driver Fatigue – Was the driver violating Hours of Service limits?
- Mechanical Failures – Was the vehicle properly maintained under FMCSA regulations?
- Improper Hiring or Training – Did the company ensure the driver met CDL licensing requirements?
- Negligent Supervision – Did the company enforce safety standards or encourage unsafe practices?
