The commercial trucking industry in the U.S. is regulated by the Federal Motor Carrier Safety Administration (FMCSA). This organization sets specific requirements for commercial drivers and trucking companies, including the requirements for a commercial driver’s license (CDL), how long a truck driver can operate the vehicle before taking a break, and the obligation of drivers and trucking carriers to ensure that the truck is safe and roadworthy.
The purpose of FMCSA regulations is to improve highway travel safety. Many truck crashes happen because the driver, the trucking company, or both violated federal regulations. Injured victims have the right to file a lawsuit for damages against the at-fault party or parties, and often, in truck accident cases, proving violation of FMCSA statutes plays a large role in whether the plaintiff wins or loses.
Your West Palm Beach truck accident lawyer should have a thorough understanding of federal regulations and how violations of them serve as strong evidence of negligence in personal injury or wrongful death claims. Let’s take a closer look at what the government requires of drivers and trucking companies.
What are federal trucking regulations?
FMCSA regulations cover all aspects of commercial shipping and transportation. Violation of these regulations leaves the driver, trucker, and other responsible parties open to liability in a truck collision. Proving negligence in a truck accident case often means establishing that one of these regulations was not followed:
- Driving outside permitted hours of service (HOS). Truckers may not drive more than 10 hours without a mandatory rest break and may not drive more than 60 hours in a seven-day period.
- Driving an oversized load. The size and weight of commercial trucks produce considerably more inertia than a car or SUV, so when a truck hits a passenger vehicle, it causes a lot of damage. Oversized loads increase the force of the impact. And, when the trailer’s load exceeds its rating, the driver has a harder time controlling the vehicle, and the vehicle itself is more likely to tip over.
- Mandatory drug and alcohol testing. The blood alcohol content limit for commercial drivers is 0.04%, half that of Florida’s legal limit for private drivers (0.08%). Truckers are not permitted to drive under the influence of drugs or alcohol, including “uppers.” Drivers who are under the influence could lose their CDL, go to jail, and be held liable for a collision.
- Mandatory inspections of the vehicle. Many accidents are caused by mechanical failures, such as brake failure or a tire blowout. Drivers must keep up-to-date vehicle maintenance records with them. Additionally, trucking companies that have a company fleet for drivers are required to keep their vehicles in good, safe working order.
Failure on the part of the driver or trucking company to adhere to any of these regulations creates conditions in which an accident is far more likely to happen.
How federal trucking regulations impact your truck accident lawsuit and damages
Because personal injury lawsuits, like truck accident claims, rest on proving negligence on the part of the defendant (the trucker and/ or trucking company), proving that the defendant violated FMCSA regulations is a critical part of establishing their negligence. The defendant can be held liable under Florida’s negligence per se doctrine.
Suppose the driver or trucking company has a history of violating FMCSA regulations. In that case, your lawyer may take the case to trial and demand punitive damages be awarded, in addition to your compensatory damages (material losses and pain and suffering).
Punitive damages, or exemplary damages, are punishing in nature, intended to serve as an example to others who may be tempted to engage in similar negligence or disregard for the safety of others. Punitive damages are an effective way of punishing trucking companies that cut corners; you can’t really put a shipping carrier in jail, but assessing significant financial penalties against them can serve as a powerful deterrent.
How your lawyer’s knowledge of federal trucking regulations helps your case
Truck accident cases, while they share similarities with other traffic collision claims, have complications and legal principles that “regular” car accident cases don’t. Your lawyer’s investigation often includes analyzing the trucker’s activities before the wreck, seeking evidence that they caused it.
For example, your attorney may subpoena the trucker’s personnel and driving records, verifying their professional training and history of FMCSA violations. The truck maintenance records are another piece of evidence that may prove regulations were violated. Or, maybe the trucker was issued a citation for DWI, a clear violation of FMCSA rules. Any and all of these help bolster your claim of negligence and improve your chances of recovering full and fair compensation.
Talk to a lawyer who understands federal trucking laws
Truck accident cases can be complex, especially when federal safety violations are involved. Working with a legal team that knows how to uncover FMCSA violations can make all the difference in your recovery.
If you or a loved one has been injured in a semi-truck accident, we want to hear your story. At Lytal, Reiter, Smith, Ivey & Fronrath, we help people like you secure fair compensation in truck accident claims. Call us today at (561) 655-1990 or contact us online for a free consultation.
