How FMCSA Violations Impact Personal Injury Claims After a Trucking Accident
Trucking accidents can cause devastation and severe injuries for everyone involved. These vehicles’ sheer size and weight can cause massive destruction, affecting numerous other vehicles and people in one event. To help regulate the trucking industry, our government created the Federal Motor Carrier Safety Administration (FMCSA).
To make our roads safer, the FMCSA is tasked with creating and enforcing regulations governing the trucking industry and truck drivers. When trucking companies or semi-truck drivers violate these regulations, accidents can happen, and other motorists can be injured or killed.
If you were injured in a commercial truck collision, contact an experienced truck accident lawyer to learn more about your legal rights.
What is the FMCSA?
The Federal Motor Carrier Safety Administration is a federal agency that regulates large commercial vehicles. Following its mandates will increase safety, reduce crashes, and protect against accident-related injuries and fatalities involving large commercial vehicles.
Despite numerous regulations, thousands of fatal truck accidents happen each year, and truck collisions injure hundreds of thousands of people. Some truck crashes are caused by the company and/or the driver violating FMCSA rules.
When a company or driver violates the regulations and injures someone, the federal government can take action against the violator, while the injured person can also bring a claim or lawsuit against the at-fault party to recover their legal damages.
Understanding FMCSA Violations in Trucking Accidents
The FMCSA regulations cover many areas of the trucking industry to keep drivers and the general public safe.
Some regulations involved in motor vehicle accident cases include:
- How often a commercial truck must be inspected
- What maintenance commercial vehicles require
- How many hours a commercial truck driver can drive
- The qualifications and training a commercial driver must have to operate a semi-truck
- Maximum weight, height, and overall vehicle size restrictions
- The trucking company’s responsibility after a truck accident
When a driver or company violates these regulations and causes an accident, that violation can support a personal injury claim on behalf of an injured motorist.
When investigating a truck accident claim, a skilled personal injury lawyer should pay special attention to these common FMCSA violations:
Maximum Driving Hours Allowed
Known as the Hours of Service Regulations, the FMCSA limits a commercial driver to 11 hours of driving after 10 hours off-duty. Drivers must also take a 30-minute, non-driving break for every eight hours of driving. They also cannot drive over 60 to 70 hours in any seven- to eight-day period.
Obviously, a tired driver who has been behind the wheel for too long can fall asleep or drift lanes and cause a serious crash. Drivers must maintain driving logs to verify their driving hours, but these logs can be manipulated or falsified to allow the driver or company extended work time.
Vehicle Inspections
Federal Motor Vehicle Safety Standards require regular inspections of commercial vehicles. They must review and maintain brakes, steering, axles, and safety equipment to keep the vehicle safe for driving.
Drug or Alcohol Use and Mandatory Testing
The Code of Federal Regulations created procedures for transportation companies’ workplace drug and alcohol testing programs. The trucking employer must meet all requirements to ensure their employees, including truck drivers, are not under the influence of drugs or alcohol during working hours.
Truck drivers are subject to more stringent rules than typical motor vehicle drivers. In most states, a non-commercial driver is intoxicated if they have a blood alcohol content (BAC) of 0.08 or greater. Under FMCSA regulations, a commercial driver is presumed intoxicated if their BAC is 0.04 or higher.
Improper Hiring or Training
From pre-employment screening processes to Commercial Driver’s License (CDL) reviews to return-to-duty testing, commercial trucking companies must follow certain FMCSA regulations. The companies must ensure their employees, especially their drivers, are fit to work and maintain control over multi-ton vehicles.
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What is the Role of FMCSA Violations in Personal Injury Lawsuits?
After a commercial trucking accident, you must show how the truck driver and/or trucking company negligently or recklessly caused the crash. If you can prove the driver or company violated the FMCSA regulations and that violation led to the accident and your losses, your injury claim will strengthen.
An experienced truck accident lawyer will understand how to gather the evidence to prove a federal regulation violation and negligent actions by the driver and/or company.
The FMCSA will also perform an investigation, and if it finds a violation of federal regulations, your accident lawyer can use that information to bolster your personal injury claim.
How You Can Recover Compensation For FMCSA Violations That Caused Your Personal Injuries
Truck accidents are far more complicated than typical two-car collisions. Multiple parties, including big trucking corporations, truck drivers, and other motorists, can be at fault, and there may be potential federal regulation violations. Work with a dedicated truck accident law firm that understands the complex legal nuances of these cases.
When you partner with an experienced team of personal injury lawyers, they can help gather the evidence needed to build a solid insurance claim or legal theory to present at trial. Your lawyers will determine who you can hold responsible for your injuries and financial losses and how to recover the maximum compensation possible.
A dedicated personal injury attorney will also have additional resources needed to prove your case, including expert accident reconstructionists, medical providers, trucking engineers, and others who can explain how the driver or company violated FMCSA regulations, who you can hold responsible, and why you deserve compensation.
To Learn More About Your Rights When a Trucking Company Violates FMCSA Rules, Contact Berry Law
John S. Berry , Truck Accident Lawyer
Don’t try to handle your commercial vehicle injury claim or lawsuit on your own. Trust the personal injury lawyers at Berry Law to guide you through the complicated legal process, answer questions, and fight for your rights every step of the way.
Call us at (402) 226-5908 or fill out our online contact form for your free consultation today. We have fought for our injured clients since 1965, and we’re ready to go to battle for you.
