Truck accidents can be catastrophic. In 2022, 4,764 people died in crashes involving large trucks, an increase of 2% from the previous year. 70% of those killed were traveling in other vehicles, and 19% were truck occupants.
Trucking regulations are major in determining liability and compensation in truck accident claims. Federal and state regulations impose various duties and requirements on truck drivers and trucking companies, which can affect their liability if an accident occurs. Here´s where a truck accident attorney can help. They understand these regulations and help truck accident victims seek rightful compensation, including negotiating a settlement to cover medical expenses, lost wages, or any other damages.
Federal Trucking Regulations
The federal government, through agencies like the Federal Motor Carrier Safety Administration (FMCSA), imposes various rules on the trucking industry. Some key regulations include:
- Hours of Service Rules – These regulate how many hours truck drivers can drive and work per day and week. Violations of these rules can show negligence if a drowsy or fatigued driver causes an accident. Sadly, experts say between 13% and 40% of all truck accidents are linked to fatigue.
- Vehicle Safety and Maintenance Rules – Trucks must meet standards for brake systems, lighting, cargo securement, and other safety features. Violations of these rules may demonstrate negligence by the trucking company.
- Driver Qualification and Licensing – The FMCSA establishes minimum standards for the licensing and training of commercial truck drivers. A driver’s lack of proper licensing or training may be used to prove negligence.
- Drug and Alcohol Testing – Mandatory drug testing requirements aim to prevent impaired truck driving. Failed tests or lack of testing may indicate negligence in an accident. 4% of truck drivers killed in accidents had a blood alcohol level greater than 0.08%.
- Recordkeeping and Documentation – Trucking companies must meticulously document driver logs, vehicle inspection reports, driver fitness, and other records. Inaccurate or false records can establish negligence.
State Trucking Regulations
States also impose various additional rules for commercial trucking, including regulations on:
- Weight Limits – Exceeding state weight restrictions demonstrates negligence and often voids the trucking company’s insurance coverage.
- Load Securement – Failure to properly secure cargo that then spills onto the road can establish negligence.
- Lane Restrictions – Violating state rules about truck lanes and passes shows negligent driving.
Using Regulations to Prove Liability
In a truck accident claim filed by an attorney, the victim’s lawyer must prove the truck driver or company acted negligently. Violations of federal and state trucking regulations are powerful evidence of negligence. Skilled personal injury lawyers use these regulations to build a strong liability case against the defendants.
Regulations also enable accident victims to pursue multiple avenues for compensation. For example, violations of federal safety rules may permit a negligence per se claim under state law. Violating weight limits may void the defendant’s insurance coverage, allowing an underinsured motorist to claim.
Ultimately, trucking regulations provide important standards of care for the industry. Failing to meet these standards exposes trucking companies to significant liability when accidents occur. Understanding these intricate regulations is essential for pursuing fair compensation in truck accident cases.
