Due to the vast size and weight of semi-trucks, when these vehicles get into accidents, the results are more catastrophic than car accidents. The Federal Motor Carrier Safety Administration (FMCSA) has specific rules and regulations in place to prevent these types of tragedies from unfolding on the roads.
The expectation is that truck drivers, trucking companies, and all those involved in the processes of moving freight from ports to their destinations will abide by these rules. Unfortunately, that isn’t always the case, and when these rules are violated, it can cost innocent lives.
According to the Milwaukee truck accident lawyers at GTW, when truck accidents occur, investigations are key in determining fault and liability. Here is a look at the federal regulations that have been put in place to keep all motorists safe, and how proving a violation of them could result in compensation for your truck crash:
Hours of Service Regulations
Hours of service (HOS) regulations are in place to prevent truck driver fatigue. Truck drivers spend many hours on the road, and even the best drivers will need proper rest to have a clear mind and proper focus for the drive.
The HOS regulations require that a truck driver only operate in specified timeframes. Truckers are restricted to a maximum of 11 hours of driving after they have had 10 consecutive hours off duty.
They are forbidden from driving beyond the 14th consecutive hour after they come back on duty. If drowsy driving was a factor in your accident, your attorney will look for manipulated hours of service logs and other evidence to show the trucker and trucking company were in violation.
Drug and Alcohol Testing
Truck drivers must pass drug and alcohol screenings when they first get their commercial driver’s license (CDL). However, they also must have mandatory regular testing. If a truck driver is found to be under the influence, they are immediately removed from duty.
To return to work, they must meet specific requirements. The FMCSA is incredibly strict on this, and for good reason, as any impaired driver is a danger to others, especially one that is driving a vehicle that could weigh as much as 80,000 pounds.
Vehicle Maintenance and Inspections
All trucking companies are required by the FMCSA to properly maintain their fleets. This requires regular inspections to check for issues and correct them before they cause major system failure. Maintenance and repairs must be handled promptly to make sure that the truck’s components are functioning optimally.
When a truck doesn’t pass inspections or needs maintenance and repairs, it needs to be pulled from the fleet until it has been fixed. If a trucking company shirks its responsibility of maintaining and inspecting its trucks, and that truck has a mechanical failure that causes a crash, the trucking company will be held liable.
Driver Qualification Standards
The demand for goods continues to increase every year, and with it, there is a huge demand for truck drivers to fill available seats. To operate a commercial vehicle, these drivers must have a valid CDL.
There are many specific requirements they must fulfill to obtain this license, including background checks to ensure a safe driving history. When a trucker doesn’t have these qualifications and a trucking company hires them anyway because they need to move freight, this act of negligence is in direct violation of the FMCSA’s rules.
Using Electronic Logging Devices
Electronic logging devices or ELDs record all sorts of metrics, one of them being the driving time for each driver. Some truck drivers and trucking companies have found ways to manipulate these devices to falsify logs and other things, such as inspections and maintenance.
Years ago, drivers had to use paper logs, which were easier to manipulate. While it’s much harder to manipulate data on an ELD, it can still happen when unscrupulous drivers and companies take advantage.
Insurance Requirements
The FMCSA also sets the minimum allowed for insurance requirements that all trucking companies must have in place. Trucking companies are expected to comply, and failing to have insurance coverage that meets these minimums will result in harsh penalties.
How Federal Regulations Factor into Legal Proceedings
Although there are many safety regulations in place at the state and federal levels, truck accidents still happen for a variety of reasons. In some cases, it may be due to another driver who cut off the truck. In others, it may be the result of improperly loaded cargo or the fault of local government entities who failed to maintain the roads.
When a trucking accident occurs that involves a breach in following these rules, it becomes the focus of investigations in legal matters. If the investigation reveals that a truck driver or the trucking company has violated the regulations set by the FMCSA, they’ll be held liable for the injuries and damages caused.
It will require evidence of non-compliance to prove these violations for victims in truck accidents to recover compensation for their losses. Unfortunately, due to the complex nature of commercial trucks, trucking companies, and all vested parties in the trucking industry, the potential for multiple defendants is high. This means that if you or a loved one were in a trucking accident, it will be difficult to seek justice without legal representation.
The Biggest Challenges in Proving Violations of Federal Regulations in Truck Accident Cases
The rules set by the FMCSA are designed to keep motorists safe, though trying to navigate them in a personal injury case can be complicated. Trucking companies may try to get around these rules to maximize their profits. When they do, they put others at risk, and unfortunately, many of them pay with their lives.
Truck accident victims most likely will not be aware of the regulations mentioned here, or others that may apply. As such, they may not realize a violation has been committed without obtaining legal assistance from an attorney who is knowledgeable in these laws. If you are in this situation, you should seek a free initial consultation to determine if this applies in your case.
