Each year, more than 150,000 injuries are reported in commercial truck accidents in the United States. Additionally, approximately 5,000 people will lose their lives in truck crashes. The trucking industry plays a vital and important role in sustaining the country and and its economy. Each day, truckers travel thousands of miles transporting essential goods such as food, household products, gasoline, medical supplies, and equipment. Without an active and robust commercial trucking industry, our way of life would be completely different. Most truck drivers and trucking companies are committed to the highest standards when it comes to safety and safe operation of their trucks. However, not all of those involved in the industry hold the same standards and some trucking companies will gladly cut corners to save time and make a profit.
Commercial truck accidents are dangerous occurrences. A fully loaded semi-truck can weigh up to 80,000 pounds. Recognizing the dangers of the industry, state and local governments have adopted laws and safety standards aimed at reducing and eliminating the number of serious and fatal crashes involving commercial trucks. In this article, we will take a look at some of the standards that govern the trucking industry and how those standards can play a role when a legal claim is filed.
As always, if you or a loved one have been injured in a truck crash, our national truck accident lawyers are standing by to help you at any time.
Commercial trucking is largely a multi-state and nationwide industry. As a result, most of the laws governing truck driving are passed at the federal level by the United States Congress and federal agencies. In 1986, seeking to improve commercial motor vehicle safety, Congress passed the Commercial Motor Vehicle Safety Act or the CMVSA. The CMVSA implemented a set of minimum requirements for obtaining and retaining a commercial driver’s license (CDL).
Later, in 1999, Congress passed another law known as the Motor Carrier Safety Improvement Act. As part of this law, the Act created what became known as the Federal Motor Carrier and Safety Administration (FMCSA). The FMCSA was created with the express goal of reducing crashes, injuries, and fatalities involving large trucks and buses.
Today, the FMCSA remains largely responsible for enacting safety legislation aimed at these purposes. Over the years, the agency has adopted hundreds of rules that apply to the nationwide practice of trucking. Below, we will look at some FMCSA regulations that most often apply to the industry.
Truck driver fatigue is estimated to play a role in up to 50% of commercial vehicle crashes. Drivers often travel long distances and work long hours without sufficient rest. This naturally leads to fatigue, an extremely dangerous condition when operating a vehicle weighing up to 40 tons.
The FMCSA has enacted requirements that curtail the number of hours that trucks may drive without taking breaks. The hours of service regulations limit days of consecutive driving and hours during a given week. For instance, drivers may not drive more than 11 consecutive hours following 10 hours off duty and may not drive more than 14 hours after coming on duty following a 10-hour break. Following 8 hours of driving, drivers must take a 30-minute break. Finally, truckers may not drive more than 60 total hours in a 7-day period, and not more than 70 hours in a 7-day period. At the end of a 7 or 8-day period, the driver’s time does not reset until they have taken at least 34 consecutive hours off duty.
Drug and alcohol impairment is another significant cause of truck accidents. In an effort to reduce the number of truck crashes caused by impaired drivers, FMCSA regulations now require employers to administer drug tests upon employment. Employers are further mandated to engage in random drug testing at periodic times. Drivers who are involved in serious or fatal truck accidents must also undergo drug screening in order to determine if drugs or alcohol may have played a role in the collision.
Commercial truck accidents may also be caused due to mechanical and equipment issues such as faulty breaks, tires, axles, and other internal components. The FMCSA requires carriers to participate in routine and periodic maintenance and repair of trucks in their fleet.
In addition to these requirements, motor carriers must certify that commercial trucks are in safe operating condition at all times. Maintenance records and log books must be kept in order to prove compliance with federal inspection standards.
While the FMCSA regulations are designed with safety and crash prevention in mind, not all truck drivers and trucking companies choose to adhere to them. There are a number of potential consequences for failing to follow these standards, including:
For numerous reasons, companies have incentives to comply with the regulations. Those who choose to violate safety standards anyway will subject themselves not only to regulatory penalties, but also legal liability in the event that their non-compliance leads to a crash.
When you or a loved one have been affected by a commercial truck accident your life may be turned upside down in an instant. Truck crashes lead to serious and sometimes permanent injuries or death. High medical bills, tremendous pain, and lost wages are all frequently suffered by victims. It is important to have a skilled and seasoned attorney by your side during this time.
Here at Burg Simpson, our national truck accident lawyers are here for you following the accident. We know and understand the laws that apply to truck accidents. Our team will investigate every potential cause of the crash in order to provide the most effective representation. We offer free consultations for all potential and prospective clients. There is no obligation until we obtain a recovery on your behalf.
To schedule your time to speak with one of our attorneys, please reach out to us using our online intake form or give us a call at 866-695-1236.