Could Trucking Safety Regulations Affect Your Lawsuit?

According to estimates from the National Highway Traffic Safety Administration (NHTSA), the number of fatal large truck collisions increased by 13 percent in 2021 over 2020 to 5,601. Because of the dangers posed by large trucks, the Federal Motor Carrier Safety Administration (FMCSA) and the state have promulgated numerous trucking safety regulations. Scroll down to learn how these regulations might affect your truck accident claim.

Trucking Safety Regulations and Large Truck Collisions

Trucking safety regulations are meant to reduce the number of accidents by placing restrictions on trucking carriers and truck drivers. The unique dangers posed by large trucks to other motorists have resulted in heavy regulation of the trucking industry. The rules apply to both the trucking carriers that employ drivers and the truck drivers who operate commercial trucks.

The FMCSA regulates the trucking industry at the federal level. While there are numerous federal regulations for trucking carriers and drivers, some of the most important trucking safety regulations that could impact your claim include the following:

Electronic logging device (ELD) mandate: Trucking carriers must have electronic logging devices installed in their trucks. These devices log the hours a driver spends behind the wheel, the speed of travel, when brakes are applied, and other relevant information that could be important in a truck accident claim.
Hours of service rules: Under the FMCSA’s hours of service rules, truck drivers are generally not allowed to drive more than 11 hours in a day without taking breaks. They must have eight hours off from work between shifts before returning to work. After working a workweek of seven or eight days, they must have 34 hours off from work before returning to duty.
Training and hiring rules: Truck drivers must have commercial driver’s licenses (CDLs) and any endorsements required for the type of cargo they carry. Trucking carriers must conduct background checks, pre-employment physicals, pre-employment drug tests, and ongoing physicals and testing of their drivers. They must also ensure their drivers are thoroughly trained about drug and alcohol policies and driving safety.
Maintenance regulations: Trucking carriers and drivers must ensure their vehicles are adequately maintained and kept in safe operating condition. Safety inspections, maintenance, and repair work must be logged.
Alcohol and drug rules: Truck drivers can’t drive trucks when they have a blood alcohol concentration of 4 percent or higher and are prohibited from carrying alcohol in their cabs. They also are prohibited from using other substances that could impair their ability to operate large trucks safely. Trucking companies must conduct Department of Transportation (DOT) drug and alcohol tests before hire, at regular intervals during employment, when they reasonably suspect a driver is under the influence, and following certain types of accidents.

Safety regulations for the transportation industry can frequently change, making it important to understand current regulations when you are involved in an accident with a large truck.

Regulatory Violations Can Strengthen Truck Accident Claims

When you file an injury claim against a trucking carrier and/or truck driver, you have the burden of proving the defendant was negligent. However, when a driver or carrier violates regulations or laws, the violation is considered automatically negligent under the legal theory of negligence per se.

Trucking regulation violations that result in accidents mean that you won’t have to prove negligence, making the burden of proof a little easier to meet. For example, if the driver involved in your case violated the hours of service rules and caused your collision because of driver fatigue, the hours of service rule violation can provide strong evidence supporting your claim.

How an Attorney Can Help

A truck accident attorney can help uncover evidence of regulatory violations and preserve the evidence for your case. A lawyer can send a preservation letter to the trucking carrier to secure copies of the ELD logs, maintenance and repair records, driver drug and alcohol test results, and more. They can also get help from expert witnesses to show how the legal violations caused the accident and your injuries and properly value your claim. Finally, a truck accident lawyer can identify all of the potentially liable parties to maximize the amount of your recovery and negotiate for a fair settlement offer to fully cover your losses.

Contact Ellis & Associates

Suffering serious injuries or losing a loved one in a large truck crash can be devastating. The experienced truck accident lawyers at Ellis & Associates can review what happened and help you pursue your rights. Call us for a free consultation at 800-MR-ELLIS.

Ellis & Associates