Key Takeaways
- The FMCSA enforces federal regulations on hours of service, drug testing, vehicle maintenance, and driver qualifications that trucking companies must follow.
- Violations of these federal safety rules can establish negligence per se, automatically proving liability in your truck accident case.
- Electronic logging device (ELD) data and black box records are critical evidence that can be lost if not preserved quickly after a crash.
- A St. Louis truck accident lawyer can issue spoliation letters to protect key evidence and hold trucking companies accountable for regulatory violations.
There are many differences between truck accidents and car accidents that are obvious, such as the size and weight differences of the vehicles involved and the potential for more severe injuries with accidents involving trucks. Beyond that, federal regulations created and enforced by the Federal Motor Carrier Safety Administration (FMCSA) also make truck accidents far more complex. Understanding violations to these rules can help prove negligence in your truck accident case.
The Bruning Law Firm helps truck accident victims in St. Louis understand their legal rights and options in Missouri by explaining how these federal regulations can affect your case. Our attorneys use their deep knowledge of FMCSA rules to hold truck drivers, trucking companies, and other at-fault parties accountable for the compensation you deserve for your injuries.
Key FMCSA Regulations That Affect Truck Accident Cases
The regulations set by the FMCSA are comprehensive and exhausting, though there are some key laws that come into play more frequently in truck accident cases.
Hours of Service (HOS)
The FMCSA has hours of service rules that limit how long truckers can drive. They also mandate specific break and off-duty periods that all truckers must follow. The purpose of these rules is to prevent drowsy or fatigued driving, which is dangerous when anyone does it. When someone behind the wheel of an 18-wheeler or semi-truck is too fatigued to drive, the results can be deadly.
Drug and Alcohol Testing Requirements
Every truck driver needs to undergo a pre-employment drug and alcohol test. They also are subjected to random tests, tests when there is reasonable suspicion they may be under the influence, and post-accident testing. The post-accident test is mandatory if a truck crash causes a fatality or in cases where the trucker gets a citation.
Vehicle Maintenance and Inspection Requirements
Trucking companies must keep their fleets roadworthy by conducting inspections and maintenance at the right intervals. Truck drivers also must take a look before and after their routes. Failing to report anything in need of repairs or missing inspections can result in liability in a truck accident if the lack of maintenance or inspections can be linked to causing the wreck.
Driver Qualification and CDL Requirements
Unqualified drivers have made the news more recently. Although there is a strong need for drivers in the trucking industry, trucking companies must uphold FMCSA standards by ensuring the drivers they hire have a valid CDL, meet the DOT (Department of Transportation) medical standards, have a clean driving record, and be proficient in English. If motor carriers fail to do this, they can face negligent entrustment.
Electronic Logging Device Mandate
Electronic logging devices (ELDs) must be used to automatically track duty status, driving time, and provide logs. Failure to do so violates the HOS rules. After a truck accident, ELD data can be obtained to determine if the trucker was fatigued or operating beyond their driving limit.
How can you be sure that a trucking company has violated these federal regulations? All you need to do is contact a St. Louis truck accident lawyer at The Bruning Law Firm to let our team take over investigations and evidence gathering that helps you maximize your compensation.
How Regulation Violations Prove Negligence
When a truck driver or the trucking company they work for violates the FMCSA regulations, it can prove negligence in several ways. Among them, negligence per se is the standard of automatic negligence where violating a safety regulation instantly makes them liable.
Holding trucking companies liable for regulatory violations isn't as simple as saying they broke the rules. Evidence is required to prove that the FMCSA regulations were not followed. Once you have received medical treatment and are stable, it is time to contact a St. Louis truck accident lawyer who can take quick action.
With a lawyer, you'll have someone who can quickly issue a spoliation letter, which is a formal document that requires them to preserve key data from the truck. ELDs and black box data can be overwritten in a specified time frame, and ensuring it doesn't become lost forever is the key. However, if a trucking company erases this data before the designated time periods have come and gone, not having it could also make them liable.
Hours of Service violations, failed maintenance, and lack of driver qualifications top the list for common violations by trucking companies and truck drivers. However, they may not be the only liable parties. Maintenance providers may have shirked their responsibilities as well, and for their role, they may be another negligent party in your truck accident lawsuit.
Using Federal Regulations to Strengthen Your Case
Understanding how the FMCSA enforces federal trucking safety rules is just part of the equation. The other part involves getting the data needed to prove the safety rules were not followed.
Injured victims in truck accidents benefit tremendously by letting an experienced truck accident attorney take over, which allows them to heal and recover. As you follow your doctor's orders, your lawyer will be busy subpoenaing those electronic logs, maintenance records, and drive files. They will also bring in expert witnesses who can provide testimony on regulation compliance.
Even if recent data is lost, that doesn't mean your case will be too. The Bruning Law Firm can go through old data and show patterns of violation. This establishes a culture of negligence within the company and how it has continued to perpetuate, putting lives at risk on the roads along all of their routes.
The Role of FMCSA in Truck Safety
The FMCSA was established in 2000 with a mission to reduce truck accidents and along with it, the injuries and fatalities that come from them. It carries out this mission through safety standards it has created for just such a purpose.
Using roadside inspections and DOT weigh stations, the FMCSA is on the ground to ensure compliance and maintenance that aligns with its safety standards. Its programs track safety performance, and it additionally conducts investigations into high-risk motor carriers who have had numerous violations and crashes.
Based on its findings, the FMCSA assigns safety ratings that directly impact a trucking company's ability to operate. When it issues 'satisfactory' as a rating, that means that the trucking company is compliant. A rating of 'conditional' means that the trucking company lacks adequate controls while 'unsatisfactory' means it is unfit to operate. With an unsatisfactory rating, the motor carrier can be forced to shut down. Those that have poor ratings are often subjected to higher insurance premiums, increased DOT inspections, and lost contracts.
While some trucking companies strive to ensure they are compliant with all of the FMCSA's regulations, others continue to fall short. Those are typically the ones who cause the horrific truck accidents we commonly see with catastrophic injuries and fatalities. Can a trucking company be liable for violating regulations? Absolutely, and federal safety data can prove it.
Frequently Asked Questions
What federal regulations apply to truck drivers?
Truck drivers must follow the hours of service regulations set by the FMCSA to prevent fatigued driving. They also need to record duty status, driving time, and location in their ELDs, uphold the requirements for their commercial driver's license (CDL), abide by drug and alcohol testing, inspect the truck before, during, and after completion of their route, and follow safe driving practices.
How do I prove a trucking company violated regulations?
Proving that a trucking company violated regulations is incredibly difficult for truck accident victims to do on their own. With a truck accident attorney in Missouri, you can get evidence from the electronic logging device (ELD) that can prove hours of service violations. Black box data can prove speeding or failure to brake. There are also maintenance and inspection reports to look through that can show if the trucking company failed to perform critical maintenance that led to a mechanical failure. Additionally, driver qualification files may reveal the truck driver lacked proper training or licensure, or had a drug or alcohol problem. Company safety records can uncover patterns of negligence.
Can a trucking company be fined for safety violations?
Yes, when trucking companies violate the safety provisions in place, they can face fines by the FMCSA. These usually exceed $16,000 per violation, and in serious cases, the company may be forced to shut down its operations immediately.
Do federal regulations help my truck accident case?
Yes, trucking companies and truck drivers know they must follow federal regulations, and when they have not abided by these laws, that can strengthen your truck accident claim. Violating FMCSA rules, whether for hours of service, maintenance, drug testing, or something else, is clear evidence of negligence per se, and it can work in your favor.
Contact The Bruning Law Firm for Truck Accident Help
The devastation caused by a truck accident has the potential to leave you permanently impacted for the rest of your life. With the FMCSA's rules designed for safety, failure on a trucking company or truck driver's part to comply is negligent and allows them to be held liable for your injuries and financial losses.
The Bruning Law Firm helps truck accident victims in St. Louis understand their rights and legal options in Missouri, and uses our deep knowledge of FMCSA regulations to seek a favorable outcome in your truck accident case.
Schedule a free consultation with our St. Louis truck accident regulation violation lawyers today by calling (314) 735-8100.