Have you or someone you love been injured in a truck accident due to violation of federal trucking regulations? You could be entitled to compensation. Burg Simpson offers free consultations to help you decide the best path forward.

Due to the fact that commercial trucks are heavier and bigger than most other vehicles, the Federal Motor Carrier Safety Administration, an agency within the United States Department of Transportation, has laid out federal trucking regulations designed to help the trucking industry and ensure the safety of everyone on the roadway. When a trucking company, truck operator, or truck manufacturer breaches any of these safety regulations, catastrophic accidents that could have been avoided are often the result.

If you were injured in a truck accident, a federal regulations truck accident attorney from Burg Simpson can help. We have the resources and the knowledge necessary to perform a thorough investigation of your truck accident, including determining whether or not it was caused by violating federal trucking regulations, and who is liable for your injuries and other damages.

Statistics for Federal Trucking Regulations Violations

According to the FMCSA Large Truck and Bus Crash Facts brochure, despite inspections increasing in both their scope and occurrence, truck drivers and trucking companies routinely violate commercial trucking regulations. Newly published data shows that more than 3,900 people were killed in bus and large truck accidents in 2014. Of these, about 670 fatalities were the occupant of a bus or large truck, while more than 3,300 were the occupant of smaller vehicles, like a pick-up truck, car, or motorcycle, or were pedestrians and cyclists.

FMCSA data also tracks the frequency of Commercial Driver's License violations when they are the causative factor in a fatal accident. These statistics indicate that drivers who were killed in truck accidents were one or more of the following:

  • Under the influence
  • Distracted
  • Speeding
  • Failing to yield the right-of-way
  • Failing to maintain their lane
  • Operating a truck without the right equipment
  • Following too closely
  • Failing to obey traffic officers, rules, or signs
  • Failing to observe a traffic control device
  • Failing to follow safety zone laws
  • Overcorrecting
  • Making an illegal turn
  • Careless, erratic, negligent, or reckless driving
  • Noncompliance with restrictions
  • Improper loading or overloading of the truck
  • Tire blowouts
  • Illegal passing maneuvers

If you suspect that the truck driver who caused your accident was in violation of federal trucking regulations, reach out to an experienced truck accident attorney from Burg Simpson today.

Federal Guidelines

FMCSA regulations outline the lowest acceptable standards for the operation of all commercial vehicles involved in interstate commerce. They cover all entities and personnel involved. FMCSA rules range from financial responsibility and registration to hours of service, driver qualifications, vehicle safety, and maintenance. FMCSA regulations apply to anyone who is involved in the operation of a commercial vehicle: trainees, drivers, trainers, dispatchers, fleet managers, supervisors, and more.

Maintenance and Repair

All commercial trucks are required to be thoroughly inspected and maintained on a routine basis. Any commercial trucks that are in a state of disrepair could potentially be hazardous and in violation of an FMCSA regulation. Poorly maintained trucks can fail on the roadway and endanger the truck driver as well as those around them.

Weight Restrictions

All commercial trucks have weight limits set based on strict safety benchmarks. Unfortunately, this does not stop trucking companies from exceeding them just to increase their profit margin. Commercial trucks that are overloaded are difficult to maneuver and take a disproportionate amount of time to come to a full and complete stop, which can cause a serious truck accident.

Driver Testing and Licensing

Driving an oversized truck can be challenging, especially for someone with no experience and little to no training. Trucking companies sometimes hire unlicensed or inexperienced drivers because it saves them time and money. Sadly, an unlicensed or untrained driver behind the wheel of a tractor-trailer is almost certain to end in catastrophe.

Safe Driving

Commercial truck drivers are required to obey the same driving laws as other motorists, like observing speed limits, keeping their focus on the road and their surroundings, and coming to a stop at all red lights and stop signs. When a truck driver violates these or other laws, the consequences could be fatal. It is the responsibility of both the truck driver and the trucking company to always make safety the number one priority. If even one industry regulation was violated during your accident, multiple parties could be held liable for your damages.

Commercial Truck Accidents and FMCSA Violations

Truck operators and the companies that hire them are expected to adhere to strict laws that have been enacted by the Federal Motor Carrier Safety Administration. These laws are meant to ensure that trucking companies keep up appropriate safety standards for the safety of everyone on the road. Any truck accident has the potential to cause severe injuries and even death to everyone involved. Truck accidents that take place due to FMCSA violations are almost always preventable.

If you were injured in a trucking accident, you are probably facing serious financial, physical, and emotional ramifications. Reach out to the experienced personal injury lawyers Burg Simpson to find out what we can do for you.

FMCSA Commercial Driver’s License Requirements

Commercial truck drivers have to be specially licensed before they can legally operate a commercial vehicle. In order to acquire a commercial driver’s license, potential truck drivers are required to take tests that assess their skills and knowledge. Additional testing might be necessary for drivers who want to drive tanks, multi-trailered trucks, hazardous materials vehicles, or passenger vehicles. Any violation of regulations or safety precautions can lead to the driver’s loss of their commercial driver’s license as well as monetary penalties for the company.

FMCSA REGULATIONS

The Federal Motor Carrier Safety Administration is an administration under the Department of Transportation. It regulates the United States trucking industry. This agency dictates the rules that truck drivers must abide by when they are working. It is not uncommon for an accident involving a commercial truck to be confusing because drivers are governed by both their state government and the FMCSA. If you were injured during a commercial truck accident, federal trucking regulations will probably play a major role in the outcome of your case. Here are some of the regulations that need to be adhered to.

Driver Condition

Along with acquiring the appropriate training and licensure, commercial truck drivers have to meet specific physical criteria in order to be qualified to operate a truck.

  • Sobriety: Driving while under the influence of drugs or alcohol is a direct violation of safety measures and can lead to the loss of a commercial driver's license.
  • Fatigue: In order to be in keeping with FMCSA rules, commercial drivers are not allowed to drive for more than a total of 11 consecutive hours. In addition to this, drivers are required to rest for a total of 10 hours in between each shift. These regulations are designed to reduce the number of fatigued and drowsy truck drivers on the roadway that pose a threat to themselves and to others around them as well.

Driving Behaviors

To provide for the safety of the vehicles around them, commercial truck drivers have to avoid certain behaviors while they are at the wheel, including:

  • Reckless or Aggressive Driving: Commercial vehicles already pose an inherent threat to other vehicles when they are operated safely and in accordance with the law. When truck drivers operate their vehicles in a reckless or aggressive manner, however, they are much more likely to cause serious accidents that result in injuries and fatalities.
  • Distracted Driving: Commercial truck drivers have to stay focused on their surroundings at all times in order to ensure that they do not intrude into other lanes and possibly cause a sideswipe or rear-end collision.
  • Excessive Speed: A commercial vehicle takes a lot longer to come to a full and complete stop than a standard passenger vehicle. The momentum and size of a truck traveling at excessive speeds can cause catastrophic damage should an accident take place.

Truck Condition

Routine inspections, regular maintenance, and proper loading procedures are all factors that are essential in the proper securement of cargo on a commercial truck.

  • Maintenance: Poorly maintained or damaged commercial trucks should never be operated. Based on the driver’s employment arrangement, the trucking company they work for could be responsible for the inspection and maintenance of their vehicles.
  • Weight: All commercial trucks have a maximum weight that they can handle safely. Endeavoring to haul a payload that surpasses this limitation will place a lot of unnecessary pressure on the tires, which can lead to a tire blowout accident.

FMCSR Violations That Commonly Cause Trucking Accidents

While there are several hundred Federal Motor Carrier Safety Regulations, there are a few whose violations regularly contribute to truck accidents. Listed below are a few examples of safety regulations that, when violated, can lead to truck accidents and severe injuries.

Commercial Driver’s License Requirements

The FMCSA has enacted extremely strict requirements for those who wish to receive a commercial driver’s license. CDL holders are expected to have a thorough understanding of a wide range of topics such as:

  • All laws that apply to the safe operation of a commercial vehicle
  • How to drive the truck properly when reversing, upshifting, downshifting, in emergency situations, and at night
  • When the rig needs to be inspected or needs maintenance
  • How poorly loaded or overloaded freight impacts the ability to control their truck
  • How to drive as safely as possible in hazardous conditions and inclement weather

Potential commercial truck drivers must also take and pass a written test, as well as a driving practical test. They must also be cleared as being medically healthy enough to operate a truck before they will be issued a CDL. The FMCSA also requires drivers to be at least 21 years old, and be proficient in spoken and written English.

Hours of Service Rules

Driving while fatigued has been a major issue in the trucking industry due to the fact that truck drivers tend to spend an exorbitant amount of hours on the roadway, typically abstaining from sleep in favor of making more money. Taking into account the risks inherent in drowsy driving, the FMCSR decided to regulate the number of days and hours that a commercial truck driver can lawfully and safely operate their vehicle. These restrictions are known as the Hours of Service. Drivers are not permitted to be behind the wheel any longer than federal regulations state is safe. The appropriate length of time is predicated on the load being carried and the driver's overall delivery schedule. Truck drivers are also required to maintain consistent and accurate records of their hours spent on the road.

Driving in Inclement Weather

Even though the legally posted speed limit on most highways might be 65 miles per hour, operating a truck at that speed becomes wildly treacherous during adverse weather. If a commercial truck driver is experiencing less-than-ideal weather conditions, such as ice, snow, rain, or even fog, federal trucking regulations require them to decelerate and exercise due caution when driving in inclement weather conditions.

Drug and Alcohol Testing

The FMCSR sets the legal blood alcohol level for commercial truckers at 0.04%. This is half the legal blood alcohol level for non-commercial drivers. Considering the litany of hazards that accompany operating a commercial vehicle while under the influence, federal regulations also insist that trucking companies perform periodic random drug and alcohol testing on their drivers. It also outlines the penalties to be endured by those who fail.

Talk to an Experienced Truck Accident Lawyer Today

After being injured in a commercial truck accident caused by a violation of federal trucking regulations, you will need a personal injury lawyer who is familiar with the FMCSA’s Hours of Service rules, as well as numerous other trucking regulations depending on the nature of your accident.

At the law firm of Burg Simpson, we have been protecting the rights of injured truck accident victims for decades and have recovered millions of dollars for our clients through personal injury claims.

If you were injured due to a truck driver or their employer violating federal trucking regulations, we can help you pursue full and fair financial compensation for your injuries and other damages. To schedule your free and confidential case review, give us a call at (888) 895-2080 or fill out the contact form on our website.
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