Because large commercial trucks cross state lines, trucking companies must follow federal regulations. The Federal Motor Carrier Safety Administration (FMCSA) is the government agency responsible for imposing safety regulations to minimize the risk of serious accidents. Despite these regulations, truck accidents still occur, often involving motorists in smaller vehicles.
Investigating the cause of the accident is crucial for an injury victim’s claim. Determining whether the driver, trucking company, or other entity violated an FMCSA regulation is an important step in the investigation. Reach out to our Chicago truck accident attorney in you believe an accident you were involved with was due to an FMCSA violation.
Hours of Service (HOS) Regulations and Driving Logs
A vitally important federal regulation in trucking is the limit on a truck driver’s hours of service (HOS). HOS limits minimize the risk of driver fatigue from long, uninterrupted hours on the road. A fatigued or drowsy driver presents a risk to others on the road that’s similar to drunk driving, including lack of coordination, slowed response time, and the risk of falling asleep behind the wheel. HOS regulations limit both the number of hours a truck driver may be on the road and the number of days per week a driver may drive. Regulations also require frequent breaks during driving hours.
A trucking company must carefully log and monitor a truck driver’s hours of service. The driving log records are important to a truck accident investigation because they show how many hours the driver was behind the wheel before the crash.
Truck Maintenance and Maintenance Records
A fully loaded commercial truck may legally weigh up to 80,000 pounds, far outweighing average 4,000-pound vehicles. According to the National Safety Council (NSC), about 70% of truck accident injuries occur to those in smaller vehicles, not the truck driver. Because these immense vehicles can endanger others in accidents, the FMCSA requires frequent inspections, routine maintenance, and prompt repairs. All truck maintenance and repairs must be carefully logged and recorded. Reviewing a commercial truck’s maintenance records is an important aspect of a truck accident investigation. Poor maintenance, missed inspections, or repair problems may indicate that the accident was caused by a mechanical failure.
Freight Loading and Cargo Securing Regulations
Improperly balanced or unsecured cargo can make sudden shifts in a truck’s trailer, causing the trailer to swing out of alignment with the truck. A shiting load may cause the trailer to fishtail or push the cab forward into a jackknife accident. To address this danger, the FMCSA imposes regulations for securing loads with proper securing devices, depending on the type of cargo.
Warehouse freight loaders typically load commercial trucks. A negligent freight-loading company may be held liable for damages if workers improperly secure a load and a cargo shift causes an accident.
Drug and Alcohol Testing Requirements for Drivers
Another critical FMCSA regulation requires routine, random drug and alcohol testing for truck drivers as well as testing for applicants or newly hired drivers. A trucking company may be held liable for an injury victim’s damages if the management failed to administer random drug and alcohol testing as required by federal regulations, and an impaired truck driver caused an accident with injuries to others.
Investigating a Truck Accident to Prove Liability
After a truck accident with injuries and damages to another motorist, the trucking company’s insurance provider investigates the accident with the objective of minimizing their policyholder’s liability or undervaluing the injury victim’s damages. A Chicago auto accident lawyer represents the injury victim’s best interests by conducting an independent investigation meant to determine the cause of the accident, identify the negligence that occurred, and pinpoint the liable party.
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