Truck Safety Regulations That Can Impact Your Truck Accident Claim
Large trucks play a crucial role in our economy, transporting goods across the country. Yet, their size and weight make them potentially dangerous on the road. When a commercial truck is involved in an accident, the injuries can be catastrophic. Determining liability in these accidents is crucial and often complex. However, showing that a violation of specific trucking regulations occurred can help establish negligence.
Truck safety regulations are designed to protect everyone on the road, including truck drivers, other motorists, and pedestrians. These rules are created and enforced by the Federal Motor Carrier Safety Administration (FMCSA), which sets standards for commercial trucks, trucking companies, and commercial drivers.
The regulations can provide a framework for determining whether a driver or trucking company was negligent in their duties. By demonstrating that specific safety rules were broken, your truck accident attorney can build a stronger case on your behalf. In this article, we at Kendall Law Firm offer a closer look at some of the key trucking regulations that can play a significant role in a truck accident case.
Hours of Service Regulations
The Hours of Service (HOS) Regulations are among the most important rules in the trucking industry. These regulations, enforced by the FMCSA, limit the number of hours a commercial driver can operate a vehicle within a specific timeframe. The aim is to prevent fatigue, which is a leading cause of truck accidents.
Key points of the HOS Regulations include:
- 11-Hour Limit – Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
- 14-Hour Limit – Drivers may not drive more than 14 consecutive hours after coming on duty, after they’ve been off duty for 10 consecutive hours.
- Rest Breaks – Thirty-minute rest breaks are required after a driver has driven a total of eight cumulative hours without at least an interruption of 30 consecutive minutes.
- 60/70-Hour Limit – Drivers may not drive after 60/70 hours on duty in seven/eight consecutive days.
When a truck accident occurs, examining the driver logs is essential. If the logs show that the driver exceeded the allowed hours, this could be a clear indication of negligence. Such evidence can significantly bolster your truck accident case, as it demonstrates that the driver or trucking company violated federal regulations and was potentially driving while fatigued.
Mandatory Drug and Alcohol Testing
To ensure the safety of all road users, commercial drivers are subject to strict drug and alcohol testing requirements. The FMCSA mandates that trucking employers must conduct:
- Pre-employment Testing – Drivers must pass a drug test before operating a commercial vehicle.
- Random Testing – Trucking companies must randomly test a percentage of their drivers each year for drugs and alcohol.
- Post-accident Testing – Drivers involved in certain types of accidents must undergo drug and alcohol testing.
- Reasonable Suspicion Testing – If a supervisor suspects a driver is under the influence, they can require immediate testing.
The purpose of these tests is to ensure that drivers are not impaired while operating large trucks. For your truck accident claim, it is crucial to determine whether the trucking company adhered to these testing requirements. A violation of these mandatory tests can be a strong indicator of liability, particularly if impairment played a role in the accident.
Truck Inspections
Regular inspections are vital to ensuring that commercial trucks are safe to operate. The FMCSA requires that trucking companies perform routine inspections, repairs, and maintenance on their vehicles. This includes:
- Pre-trip Inspections – Drivers must inspect their vehicles before each trip, checking crucial components like brakes, tires, and lights.
- Annual Inspections – Every commercial truck must undergo a comprehensive inspection at least once a year.
- Roadside Inspections – These random inspections can occur at any time and are conducted by state or federal inspectors.
These inspections cover a wide range of components, including brakes, tires, lights, and steering mechanisms. If, during these inspections, a truck is found to have mechanical issues that should have been detected and repaired, the trucking company could be held liable for any accidents that occur as a result.
In your truck accident case, the truck’s inspection records can be critical evidence. If the records reveal that the vehicle had not been properly maintained or if there were overdue repairs, this could establish the trucking company’s negligence.
Other important regulations for commercial vehicle operation include:
Securement Rules
Cargo securement is another critical aspect of truck safety. The FMCSA has established specific rules for how cargo must be secured on commercial vehicles. These rules are in place to prevent loads from shifting or falling off the truck, which can cause serious accidents.
Improperly secured cargo can lead to rollovers, jackknifes, and other dangerous situations. In a truck accident claim, demonstrating that the cargo was not properly secured according to FMCSA guidelines can establish the trucking company’s or cargo securement company’s liability.
Accident Reporting Requirements
Trucking companies are also required to adhere to strict accident reporting requirements. The FMCSA mandates that any accidents involving commercial vehicles that result in injury, fatality, or significant property damage must be reported. Failure to comply with these reporting requirements can further indicate negligence on the part of the trucking company.
In your truck accident case, ensuring that the proper reports were filed can be crucial. If a trucking company fails to report an accident, it may be attempting to hide liability, which can work in your favor during legal proceedings.
Contact an Experienced Attorney for Help with Your Truck Accident Claim
Truck accident cases are complex, and proving negligence requires a deep understanding of the regulations governing commercial trucks. At Kendall Law Firm, we have over 30 years of experience handling truck accident cases. Our practice is 100 percent devoted to personal injury law. We do not represent large corporations or insurance companies — only injured people.
If you’ve been injured in a truck accident, you need a Virginia truck accident lawyer who knows how to navigate the intricate web of trucking regulations and fight for the compensation you deserve. We are committed to our community, and we offer complimentary, no-obligation consultations. Contact us today for a free, honest evaluation of your case.