Anyone who has been a victim of a truck accident should be aware of the FMCSA violations in truck accidents that could help support their case. Commercial trucks create a variety of safety risks for other drivers on the road, especially if they are not following the federal trucking safety rules.
If you have been injured in a truck accident or have sustained property damage, you need to hire a truck accident attorney to represent you. At Henderson Taylor Law Firm, our team of truck accident attorneys has extensive experience handling truck accident cases, especially when it comes to proving negligence with FMCSA evidence.
Keep reading to find out more about FMCSA violations in trucking accidents and how trucking company safety violations can support your auto accident case.
FMCSA Rules: The Most Common Trucking Violations
The Federal Motor Carrier Safety Administration, otherwise known as FMCSA, is a US Department of Transportation regulatory agency responsible for commercial motor vehicle regulations and safety. This exists for the sole purpose of ensuring trucking companies are acting responsibly so that their drivers and other vehicles on the road are kept safe.
However, this does not guarantee compliance, as it is still very common for trucking companies and truck drivers to not follow these safety rules. When this happens, it can lead to a variety of truck accidents that can come with life-altering consequences.
Here are some examples of FMCSA safety rules that are often ignored, leading to some of the most common causes of truck accidents.
Hours of Service
One of the most important FMCSA rules is the regulations for hours of service that dictate how many hours at a time truck drivers can operate the truck. These rules are in place to ensure truck drivers have enough rest time so that they are able to drive responsibly. It also holds trucking companies accountable so that they are not pushing drivers to drive unsafely.
However, hours of service regulation violations are incredibly common in both trucking companies and truck drivers. When these hours of service regulations are not upheld, this can result in things like falling asleep at the wheel and driver fatigue, which can lead to truck crashes.
Truck drivers who have not gotten enough rest are also more likely to drive irresponsibly as their reaction time is slower, they aren’t as alert, and they have a higher risk of speeding.
Cargo Loading
The FMCSA also has requirements regarding cargo loading when it comes to the type of cargo, how it is loaded, and how much cargo each truck can transport. These requirements are essential for maintaining safety for everyone on the road.
Some common FMCSA violations in trucking accidents related to cargo loading include improper loading, overloading, and transporting hazardous materials.
Drug and Alcohol Testing
Drug and alcohol testing is another FMCSA requirement that trucking companies must follow. These requirements ensure that truck drivers are behaving responsibly and aren’t driving under the influence of drugs, alcohol, medications, etc.
Driver Training
Trucking companies are required by the FMCSA to provide a certain level of training for all truck drivers. This includes entry-level driver training as well as certain commercial permits to ensure that all truck drivers know how to safely operate the vehicle.
If trucking companies do not follow these regulations, this can significantly increase the risk of accidents as well as reckless driving.
Truck Maintenance
Because commercial trucks are on the road for such long periods of time, maintenance is incredibly important for maintaining safety standards. Trucking companies are required to follow the FMCSA requirements regarding truck maintenance to avoid having issues while drivers are on the road.
Failure to follow these regulations can result in things like tire blowouts, brake failure, and other issues that can contribute to accidents.
How to Gather FMCSA-Related Evidence
Proving FMCSA violations in trucking accidents can be quite challenging, depending on the circumstances. Not only that, but truck accident cases are already more complex, as you will have to deal with the trucking company and the insurance carriers.
The very first thing you need to do when starting your claim is to hire a truck accident attorney. They will be able to protect your rights and handle negotiations so that you are not treated unfairly or accidentally accept a low settlement offer. Your attorney will also play an essential role in helping you to track down critical pieces of evidence.
The backbone of your claim will be FMCSA-related evidence that proves that there was negligence involved that led to the accident. Here are some examples of the types of evidence you can use to prove this:
- Eyewitness testimonies
- The truck’s electronic logging data
- Service records
- Driver qualification files
- Trucking company training log
- Driver drug test results
- Previous truck accident records
- Black box data
- Police accident report
Gathering FMCSA-related evidence can also help you determine who can be held liable in a truck accident. Depending on the accident, there may be one responsible party or several. For example, liable parties could include the trucking company, the truck driver, maintenance contractors, cargo loaders, or truck manufacturers.
Hire an Experienced Truck Accident Attorney at Henderson Taylor Law Firm
Federal oversight of trucking companies can lead to significant truck accidents, posing a serious risk to other drivers. The legal impact of FMCSA noncompliance can result in life-changing injuries as well as significant financial damages.
At Henderson Taylor Law Firm, our experienced truck accident lawyers are committed to defending the downtrodden and helping victims of truck accidents get the outcome they deserve. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ:
What FMCSA violations are most common?
The most common FMCSA violations are those related to truck drivers specifically. This includes hours of service, drug and alcohol testing, and training regulations that can all contribute to unsafe driving practices.
Do FMCSA violations help my claim?
FMCSA violations helped to prove negligence, so that you are not held responsible for the accident. This not only protects you but also ensures you get the best possible settlement offer that can help you make a full recovery.