How Federal Regulations Impact Truck Accident Lawsuits
- What Are the Federal Trucking Regulations?
- Why Understanding Federal Regulations Is Crucial for Victims
- Can Federal Regulations Impact the Outcome of My Settlement?
- Who Is Responsible for Ensuring Compliance With Federal Regulations?
- What if the Trucking Company Denies Violating Federal Regulations?
- How Our Truck Accident Lawyers Can Help
Truck accidents often have catastrophic consequences and frequently result in severe and fatal injuries. Because of these dangers, drivers and trucking companies must follow strict federal trucking regulations aimed at promoting safety. These regulations can also impact truck accident litigation by providing evidence of negligence, making it easier for the victim to establish liability.
If you or a loved one has been injured in a truck crash, the award-winning Pennsylvania truck accident lawyers at Cordisco & Saile LLC can help you navigate the complex trucking regulations and pursue compensation.
What Are the Federal Trucking Regulations?
Federal trucking regulations are designed to promote road safety and prevent truck accidents. The Federal Motor Carrier Safety Association, or FMCSA, issues and enforces these regulations, which apply to all commercial trucks, even those traveling without a load, and cannot be overruled by local or state laws.
Besides following ordinary traffic rules, truckers and trucking companies must adhere to key federal truck driving regulations, such as:
- Hours of service regulations: These guidelines seek to limit driver fatigue by limiting the number of daily and weekly hours drivers of cargo- and passenger-carrying trucks can work without taking a break.
- Electrical logging device, or ELD: Drivers must record the above hours of service data in an ELD device fitted in each truck and maintained by the trucking company. Employers must keep at least six months of backup data in another storage device and produce these records when mandated by an authorized officer.
- Requirements for a commercial driving license, or CDL: Drivers cannot operate a commercial vehicle without passing the necessary tests for a commercial driving license or commercial learner’s permit. Trucking companies must enforce these requirements.
- Vehicle inspection and maintenance mandate: Trucking companies must regularly inspect, repair, and maintain truck parts and components to ensure their vehicles remain in proper operating condition.
- Insurance requirements: Companies and drivers must carry insurance meeting the minimum requirements for trucks. The FMCSA oversees and suggests penalties for parties operating without insurance.
- Mandatory drug and alcohol testing for drivers: Employers must implement and conduct programs that routinely test drivers for alcohol and drugs. Drivers who fail tests must see a substance abuse professional and pass a return-to-duty test before driving again.
The Impact of Federal Regulations on Truck Accident Lawsuits
Federal regulations have a significant impact on truck accident lawsuits. In fact, evidence of a violation can serve as proof of negligence per se. Under the legal doctrine of negligence per se, when a party violates a statute or regulation, and that violation contributes to an accident, they are automatically considered negligent. If a driver or trucking company has violated a regulation and that violation contributes to an accident, they can be held liable under the negligence per se doctrine.
Federal trucking regulations make it easier to establish negligence and prove your truck accident case. Filing a claim may also uncover a history of other offenses committed by the party in question, further strengthening your case.
Common Violations of Trucking Regulations
There are severe consequences for drivers and trucking companies that violate federal regulations, including fines, a CDL suspension, and even prison time.
The following are the most common violations as cited during road inspections:
- Lack of proof to show period vehicle inspections
- Failure to carry a valid medical certificate
- Lack of a commercial driver’s license
- Traffic violations such as speeding, failure to use a seatbelt, and reckless driving
- False records of a driver’s hours of service
- Failure to implement drug and alcohol testing
- Improper securing of hazardous material cargo
For example, consider a truck that lacks proof of regular inspections. If an accident happens, one of the likely causes to investigate is a malfunction of parts such as brakes, the engine, tires, or clutch.
Why Understanding Federal Regulations Is Crucial for Victims
As a truck accident injury victim, understanding federal regulations can help with the following:
- Establishing liability
- Finding key evidence, such as logged hours of service
- Identifying all potentially liable parties
- Strengthening your truck accident case
- Pinpointing the amount of compensation you’re owed
Working with an experienced truck accident attorney can alleviate the stress of navigating these regulations and how they might affect your case. A lawyer will handle all the legal legwork and consider every possible violation to get fair compensation as you focus on healing.
Can Federal Regulations Impact the Outcome of My Settlement?
Your truck accident settlement amount can vary depending on which federal regulation the defendant has violated and the magnitude of the offense. For instance, a case where a driver with no history of traffic violations causes an accident while driving without a valid license may net a lower settlement than one with a drunk truck driver.
While rare, a violation may support an award of punitive damages, meaning a larger compensation package for the victim. Additionally, accident victims with more severe injuries— which often result from serious violations—typically receive greater compensation.
Who Is Responsible for Ensuring Compliance With Federal Regulations?
What if the Trucking Company Denies Violating Federal Regulations?
A trucking company will likely deny violating federal regulations, especially if you lack sufficient evidence. Don’t accept their offer without consulting a truck accident lawyer first. An attorney will advise you on what to do after the truck crash to protect yourself from corporations and insurance companies. They also can strengthen your case by doing the following:
- Conducting a thorough investigation
- Bringing in expert witnesses to analyze the evidence
- Filing legal discovery requests to produce more evidence, including maintenance reports
- Reviewing the trucking company’s compliance history
- Examining the driver’s qualifications and whether they meet federal requirements
- Filing a direct complaint with FMCSA upon discovering a violation
- Pursuing legal action to seek compensation for your injuries
How Our Truck Accident Lawyers Can Help
With over 30 years of experience serving Pennsylvanians, the experienced attorneys at Cordisco & Saile fully understand the federal trucking regulations and other state laws that may affect your case. We’ve obtained millions of dollars for trucking accident victims, including $10 million for a local first responder hit by a reckless truck driver and $450,000 for a motorcycle rider hit by a delivery truck that failed to stop at a red light.
Insurance companies know clients mean business when they turn to our injury attorneys, and we never stop fighting until we reach a fair settlement. Schedule a free consultation by calling 304-345-6789 or contacting us online.
