Failure to Follow Regulations Can Lead to Truck Accidents

Car accidents are usually caused by mistakes and errors the driver makes, while truck accidents are often caused by failing to follow trucking regulations. The Federal Motor Carrier Safety Administration (FMCSA) is in charge of creating and implementing rules and regulations for semi-trucks and commercial vehicles to potentially reduce truck accidents, injuries, and fatalities among truck drivers and the people with whom they share the roads. However, truck accidents continue to occur when truck drivers and trucking companies continue to ignore or fail to follow these rules and regulations.

What are the regulations that the FMCSA has put in place?

Since 2000, the FMCSA has created rules and regulations for truck drivers and trucking companies. These rules and regulations aim to keep truck drivers and other road users safe and harm-free at all times. Here are some of the regulations that the FMCSA has put in place:

• Hours of service: The FMCSA’s Hours-of-Service rule covers how long a truck driver can drive and when to take breaks. This rule is important because all humans, including truck drivers, require sleep, bathroom breaks, food, and resting periods. Before the Hours-of-Service rule was implemented, a lot of trucking companies were pushing their drivers to the limit by requiring them to drive all day and all night with little to no breaks. Now, trucking companies must allow their drivers to take a 30-minute break every eight hours, and they must be allowed to end their shift after driving 14 consecutive hours. Before they can start another shift, they must take a 10-hour break, which is when they should eat, sleep, and rest. Truck drivers are not legally allowed to drive more than 60 hours over a span of seven days or 70 hours over a span of eight days.
• Cargo loading: The FMCSA has several rules regarding cargo loading. First and foremost, 18-wheelers, including their loads, cannot weigh more than 80,000 pounds. Large trucks are already difficult to drive and control, but if they exceed this weight limit, they will be almost impossible to slow down, stop, or maneuver. In addition, the truck may experience mechanical problems as the heavy weight can place too much pressure on the axles and tires. The FMCSA also has certain rules and regulations for how cargo should be loaded and secured. For example, it explains how cargo should be restrained by tie-downs to prevent the cargo from rolling or becoming loose, which can lead to uneven or unsecured loads. If the cargo becomes unsecured or uneven, it can cause the truck to lose its balance and experience a rollover or jackknife accident.
• Hiring: The FMCSA created specific regulations for hiring truck drivers. These regulations explain that a truck driver must be at least 21 years old, speak and read English, show they can drive a commercial truck safely, meet all physical requirements, receive their commercial driver’s license (CDL), and pass the truck driver road test. If an applicant has a history of poor driving, DUI or DWIs, or other obvious problems that would indicate that they would be an unsafe driver, a trucking company should not hire them. Certain medical conditions, such as diabetes, vision loss, hearing loss, and Epilepsy, should also disqualify a person from becoming a truck driver or being hired.
• Maintenance: The FMCSA has also implemented maintenance rules. This ensures that trucks are kept up to date, inspected, and repaired to prevent road safety issues. For example, one of the rules states that “parts and accessories must be in safe and proper condition at all times.” Therefore, if a semi-truck is inspected and brake or tire problems are found, these parts should be repaired before the semi-truck can be driven on the road again. This ensures that everything is working properly, which can help keep truck drivers and other road users safe.

Who can I recover compensation from if failure to follow regulations caused my accident?

If you have been involved in a truck accident in Charlotte and believe that failure to follow regulations played a role in your accident, it is important to know that you have the legal right to recover compensation. Trucking regulations are put in place to promote safety, which means that you can hold the responsible party accountable for failing to follow these regulations. However, determining who you can file a claim against and recover compensation from can be challenging. Below, we will go over the two most obvious parties who may be liable for failing to follow regulations.

1. The truck driver: The truck driver is responsible for ensuring that they inspect and notify their employer of any issues before they drive the truck. Therefore, if they notice that their cargo is loaded incorrectly or their brakes are not working properly, they should never ignore these issues and get behind the wheel. In addition, if a truck driver is lying about the breaks they take, this may be an hours-of-service violation.
2. The trucking company: While most people assume that the truck driver is the only at-fault party, the trucking company works behind the scenes and can also be to blame for failing to follow regulations. For example, if a trucking company fails to have their trucks inspected and repaired routinely, this is considered a violation of the regulations. In addition, trucking companies are known to place intense pressure on their drivers to make it to their destinations and deliver their loads on time. They may do this by offering awards or incentives or encouraging the drivers to lie about their time on duty. Trucking companies can also be held liable if they hire individuals who lack the experience and training, do not have a CDL, or have a poor driving record.

What evidence do I need to prove a regulation violation caused my Charlotte truck accident?

To prove that a regulation violation caused your accident, you will need strong and convincing evidence. Your attorney can help you obtain certain pieces of evidence to support your truck accident claim, such as:

• Black box data
• Dashcam footage
• Driver logs
• Cargo loading records
• Maintenance records
• Surveillance footage
• Inspection reports
• Photos
• Medical records
• Accident reports
• Driving history
• Eyewitness statements
• Expert witness testimony
• Drug and alcohol tests
• Employer documents

At Price, Petho & Associates, our Charlotte truck accident lawyers are familiar with the regulations that truck drivers and trucking companies must follow. If you believe your truck accident was caused by a regulation violation, we can help you hold the responsible party accountable for their negligent actions. We will investigate the accident, determine what regulations may have been violated, look into the driver and trucking company’s background, collect evidence, communicate with insurance companies, and advocate for your right to the compensation you are owed. Please call our office or submit our contact form to schedule a free case review in Charlotte, Rutherfordton, or Rockingham today. We are the attorneys you can trust to handle any legal issues that arise while you focus on healing and recovering from your accident.