The Federal Motor Carrier Safety Administration regulates the trucking industry in the United States. Federal trucking regulations require the safe operation of commercial trucks on the country’s highways. Violations of FMCSA regulations contribute to many truck accidents. ,
When a violation of a trucking regulation causes an accident, you may have the right to hold a truck driver or trucking company financially accountable for injuries and losses you suffered in the crash. Contact our experienced attorneys at Kraft & Associates, Attorneys at Law, P.C., at (214) 999-9999 or complete our online contact form for a free case evaluation. A seasoned truck accident lawyer can review the details of your accident and discuss how federal trucking regulations apply to your legal claims.
Understanding Truck Driver Regulations
Truck driver regulations require that drivers have a valid commercial driver’s license with appropriate endorsements for the type of cargo they are hauling. Truck drivers must have training and experience to operate commercial trucks safely. Regulations also ensure that semi-truck drivers take mandatory rest breaks to avoid driving when dangerously fatigued. They also establish the responsibilities of trucking companies regarding their drivers and their vehicles.
Hours of Service (HOS) Rules
The federal hours-of-service rules limit the number of hours that commercial truck drivers may spend on duty each day and each work week. These rules help prevent truck drivers from becoming dangerously fatigued behind the wheel. The essential HOS rules for truck drivers include:
- Truck drivers may drive up to 11 hours after an off-duty period of at least 10 consecutive hours.
- Drivers may not drive past the 14th consecutive hour after coming on duty following an off-duty period of at least 10 consecutive hours.
- When encountering adverse driving conditions, drivers may extend the above two limits by up to two hours.
- Drivers must take a mandatory break of at least 30 minutes after driving eight cumulative hours since the driver’s last break or off-duty period. Drivers may spend their break on-duty/not driving, off-duty, or in the sleeper berth.
- Drivers are required to be off duty for at least 34 consecutive hours after spending 60 hours on duty within a seven-day period or 70 hours on duty within an eight-day period. The seven/eight-day periods reset after an off-duty period.
- Drivers may split their off-duty period provided one period involves at least seven consecutive hours spent in the sleeper berth and another lasts at least two hours. However, all sleeper berth periods must total at least 10 hours.
Commercial Driver’s License (CDL) Requirements
Federal regulations require drivers to hold a commercial driver’s license if they are operating a commercial truck with a gross weight rating of 26,001 pounds or more or hauling hazardous materials. The state of Texas issues three classes of CDLs:
- Class A – Permits operating any combination of vehicles with a gross combination weight rating of 26,001 pounds or more, inclusive of a towed unit with a gross vehicle weight rating of over 10,000 pounds.
- Class B – Permits operating a single vehicle with a gross vehicle weight rating of 26,001 pounds or more or any such vehicle towing a vehicle with a gross weight rating of 10,000 pounds or less, and any vehicle designed to carry 24 passengers or more.
- Class C – Permits operating any vehicle or combination of vehicles that do not meet the definition of Class A or B and transport hazardous materials that require the vehicle to have a warning placard under federal regulations.
CDLs may include endorsements that permit the operation of specific types of commercial trucks, such as double or triple trailers, tanker trucks, and hazardous materials trucks. CDLs may also have restrictions that indicate whether a driver has passed skills tests to operate specific types of equipment.
Vehicle Maintenance and Inspection Standards
FMCSA regulations require commercial carriers to regularly inspect, maintain, and repair all vehicles under their control and keep records of inspections, maintenance, and repairs. Truck drivers must complete a post-trip inspection report at the end of each day, listing any defects or issues the driver believes may affect the safe operation of the truck. The trucking company must certify that it has repaired any issues listed in a post-trip inspection report or verify that the issue does not require immediate repair.
Cargo Loading and Securement
Federal regulations make truck drivers and trucking companies responsible for loading and securing cargo safely in a trailer or flatbed. Truck drivers must ensure that a cargo load does not exceed their vehicle’s hauling capacity and that the weight balance does not interfere with the truck’s handling. Drivers must also use securement straps and devices capable of withstanding acceleration and deceleration forces. Drivers should check securing devices before setting off for the day and reexamine them after a couple of hours of driving, adding additional devices as needed.
Impact of Regulation Violations on Your Case
When a truck driver or trucking company violates federal regulations and causes a truck accident, it can lead to catastrophic injuries. Any violations of FMCSA may provide the evidence needed to hold a truck driver or company financially liable for the crash and the injuries you’ve suffered. Violations of federal truck regulations may allow you to pursue financial compensation after a truck crash. An experienced personal injury lawyer who handles truck accident cases involving serious injuries can explain how the complex federal regulations apply to your case.
Establishing Negligence
Evidence of a truck driver’s negligence or a trucking company’s violations of federal regulations may allow personal injury victims to pursue a claim of negligence. The law holds a party negligent for a truck accident because they violated the law, and that violation causes or contributes to the accident.
Types of Violations and Their Significance
Common regulatory violations by truck drivers and trucking companies that can cause truck crashes include:
- Hours-of-service rules
- CDL endorsement requirements, including medical certifications
- Cargo securement regulations
- Post-trip inspection requirements
- Regular vehicle inspections and maintenance
- Inspection, maintenance, and repair recordkeeping
These violations of federal trucking regulations can have serious consequences. They can increase both the likelihood of accidents involving commercial vehicles and the danger posed to others on the road in the event of a crash.
Using Evidence of Violations
Federal regulations require truck drivers and trucking companies to keep detailed records of trucking operations. These records may provide evidence of a driver’s or motor carrier’s violation of trucking regulations. Examples of records you might use to prove regulatory violations include:
- The truck driver’s hours-of-service logs
- The cargo manifest
- Post-trip inspection reports
- Regular inspection records
- Maintenance and repair records
- Truck driver drug and alcohol test results
- The truck driver’s employment and driving records
Importance of Consulting a Truck Accident Lawyer
Trucking companies are unlikely to turn over business records voluntarily that might provide proof of the company’s or truck drivers’ violations of federal regulations. A truck accident lawyer can help you seek the evidence needed to develop a strong personal injury claim. A Dallas truck accident attorney with Kraft & Associates, Attorneys at Law, P.C. will know the types of trucking company records to inspect for evidence that a truck driver or trucking company failed to comply with federal regulations.
Get Legal Help from Experienced Attorneys Near You
If you or your loved one has sustained severe injuries in a truck crash caused by negligence on the part of a truck driver or trucking company, you need seasoned legal representation to demand fair compensation. Our Dallas personal injury lawyers have a proven track record. with personal injury cases. We can guide you through the legal process and can help you hold the driver or company financially accountable for their negligence or recklessness. Call our legal firm today at (214) 999-9999 for a free case review with our legal team to discuss your legal options for pursuing a financial recovery for your losses.
