Key Takeaways
- Trucking companies face liability under FMCSA rules for negligent hiring, hours of service violations, maintenance failures, and improper loading.
- Missouri's negligence per se doctrine treats FMCSA violations as direct evidence of company negligence in truck accident cases.
- Companies can still be liable even when the truck driver is an independent contractor if the company was negligent in maintenance or policies.
- Our experienced St. Louis trucking accident attorneys can help recover proof of these violations to strengthen your case.
Trucking Company Liability for Regulation Violations
Yes, trucking companies can face liability for violating safety regulations under Federal Motor Carrier Safety Administration (FMCSA) rules. In Missouri courts, these are treated as the minimum safety standards expected to be upheld for protecting other drivers on the road.
Federal trucking regulations that protect accident victims are in place and when Missouri trucking companies break those rules, they can be found negligent and held liable. Understanding federal trucking regulations and how they affect your case is an important part of building a strong claim.
Common Ways Trucking Companies Violate FMCSA Rules
There are many ways a trucking company can face liability by breaking the FMCSA's rules, including:
- Negligent Hiring: Employers are responsible for ensuring the drivers they hire are not only qualified but also have good safety records. When they hire inadequately trained truckers or those who have poor safety records, they are on the hook for liability.
- Hours of Service Violations: Hours of service violations and trucking company liability are another common scenario when these entities pressure truck drivers to skip rest breaks or go beyond their driving hours, leading to them being fatigued and causing an accident. Learn more about what are hours of service rules for truckers.
- Maintenance Failures: Neglecting to inspect or repair trucks, particularly for braking systems or tires creates serious dangers.
- Improper Loading: Overloading trucks or failing to secure cargo can cause instability and crashes.
Negligence Per Se in Missouri
Additionally, Missouri has a negligence per se doctrine that allows violation of FMCSA safety rules to be used as direct evidence of company negligence. Understanding what is fmcsa and how does it help my case can give you a clearer picture of how these federal regulations strengthen your truck accident claim. The Bruning Law Firm helps injured victims in Missouri truck accidents recover proof of these violations to strengthen their cases and maximize compensation.
Frequently Asked Questions
What are the common FMCSA regulations that trucking companies violate in Missouri?
FMCSA regulations that trucking companies commonly violate in Missouri include going beyond the hours of service, skipping required maintenance, using unqualified truck drivers, and failing to conduct drug and alcohol testing at proper intervals. Our attorneys know how FMCSA regulations strengthen your truck accident claim and can help you obtain this evidence.
Can a trucking company be liable if the truck driver is an independent contractor?
Yes, trucking companies can still face liability after a truck accident even if the driver is an independent contractor. It requires proving that the company was negligent in poor maintenance of the truck or enforcing unsafe policies that contributed to this truck accident.
What does 'negligence per se' mean in a Missouri truck accident case?
Missouri law holds a trucking company liable if it violates any regulation designed for safety, such as the regulations set by the FMCSA. This is considered negligence per se, or that the violation in and of itself serves as evidence of negligence to prove the trucking company's fault in the matter.
Contact The Bruning Law Firm
The Bruning Law Firm helps truck accident victims in Missouri to understand their legal rights and options while fighting for their compensation. Our St. Louis trucking regulation violation lawyers make it easy to get the legal representation you need with no fee unless we win. Call us today at (314) 735-8100 to schedule your free consultation to discuss your case.