Federal Motor Carrier Safety Regulations (FMCSR) are a set of federal laws that regulate trucking company activity and operations across the country.
Recognizing the importance of interstate trucking, the federal government has issued a complex set of regulations to promote security and reduce safety risks associated with commercial trucking.
If you’ve been injured in a truck accident, these regulations can have a massive impact on any personal injury lawsuit you file. As such, you need to work with a truck accident lawyer in Fort Lauderdale who has a deep understanding of these laws.
Why FMCSR Matters for Your Case
Federal Motor Carrier Safety Administration (FMCSA) regulations cover virtually every part of trucking operations, from driver training and hiring to fleet inspections, maintenance, and cargo loading procedures. However, many operators and companies might violate these regulations to save money and cut corners.
Violations of these regulations are tantamount to negligence. If a truck driver or company violated the rules when they caused your accident, they could be held liable for your injury-related losses.
That is why a significant portion of truck accident claims involve looking for violations. A lawyer can investigate the accident events and identify whether the truck driver or the company violated federal laws. Identifying violations greatly increases the chances of a successful resolution.
Important Trucking Regulations You Should Know
Below are some of the most common types of FMCSR violations that can lead to accidents. If you suspect that a rule violation caused your accident, you need to speak to a personal injury attorney who can start investigating.
Hours of Service
Federal hours-of-service (HOS) regulations limit how many consecutive hours a driver can drive per shift. The purpose of these rules is to prevent fatigued driving and the resulting accidents.
Under current HOS regulations, drivers are limited to 11 hours of driving after ten consecutive hours off duty. Drivers must also take a mandatory 30-minute non-driving break after eight hours of driving. Failing to keep records is itself a violation that can be evidence of negligence.
Maintenance and Inspection
All truck drivers are required to perform daily safety inspections, including checking components before hitting the road and reporting defects at the end of their shift. They must note any repair issues and stop driving if mechanical problems impact truck safety. Trucking companies also have a duty to perform regular fleet maintenance and address issues they know about.
For example, imagine a driver finishes a trip and finds and records tire damage during the inspection. The trucking company fails to change tires, and a tire blowout causes a crash on the next trip. In this case, the company could be held responsible for not properly maintaining its fleet.
Alcohol & Drug Testing
Trucking companies must subject a certain portion of employees to random substance tests and must monitor drivers for signs of intoxication or substance abuse. If trucking companies know about alcohol or drug issues, they must address them.
Weight and Cargo Limits
The federal government limits the gross vehicle weight of commercial vehicles to 80,000 pounds, including the truck, trailer, and loaded cargo. There is also a single axle weight limit of 20,000 pounds. Truck weight must be evenly distributed across the trailer to prevent balance issues.
If the truck is transporting dangerous cargo, such as caustic chemicals, it must be properly sealed and stored in accordance with applicable hazardous materials regulations.
Driver Qualifications
All drivers of commercial vehicles must meet core federal eligibility requirements. All drivers must:
- Be at least 21 years of age for interstate commerce (18 for intrastate operations in some states)
- Be able to read and speak English proficiently
- Possess a valid CDL for the specific type of vehicle
- Meet DOT physical requirements and pass a medical exam
- Complete mandatory entry-level driver training
In addition to these basic requirements, employers must perform background checks on prospective hires.
Proving FMCSR Violations in a Lawsuit
You can use FMCSR violations in court to prove negligence. Specifically, you must show that the violation was the proximate cause of the accident and your injuries. In other words, the injuries must have been a foreseeable consequence of the violation that wouldn’t have happened if the rules hadn’t been broken.
For example, say a trucking company hires a driver without a valid CDL who then causes an accident through operator errors. The accident likely wouldn’t have happened if the company had hired a qualified driver, so the violation can be presented as the proximate cause of the crash and ensuing injuries.
Evidence that can be used to prove violations includes:
- Driver hiring and training information
- Fleet maintenance records
- Hours of service and dispatch logs
- Pre- and post-trip inspection reports
- Alcohol and drug testing results
- Trucking black box logs and data
- Employee violation history
- Communications indicating knowledge of violations
- Eyewitness testimony and accounts
Blakeley Car Accident & Personal Injury Lawyers: Truck Accident Lawyers in Fort Lauderdale
Do you have more questions about Federal Motor Carrier Safety Regulations and how they can impact your lawsuit? If so, contact Blakeley Car Accident & Personal Injury Lawyers today to schedule a free case consultation with a Fort Lauderdale personal injury lawyer.
