How Federal Trucking Regulations Affect Your Minnesota Accident Case
Even if you’ve been involved in a car accident before, be prepared for the truck accident claim process to completely take you by surprise. While car accident claims are typically negotiated between the two drivers’ insurance companies or car crash lawyers, truck accident claims involve several other parties and much larger insurance policies.
In addition, federal trucking regulations often come into play. These regulations dictate how drivers and companies must operate to minimize the risk of accidents. When drivers violate these regulations, your claim may be impacted. To discuss your claim in greater detail, call Bradshaw & Bryant, PLLC today.
The role of FMCSA regulations in trucking safety
The Federal Motor Carrier Safety Administration strives to limit commercial motor vehicle accidents in the United States. Their regulations are a big part of that and they apply to interstate trucking companies, commercial truck drivers, and any motor carriers transporting goods between states. Commercial trucks operating in interstate commerce, including those traveling Minnesota highways like I-35, I-90, and I-94, are bound by federal laws. When a trucking company or one of their drivers violates these regulations, they can be fined. When they violate a regulation and then cause a collision, that violation can be used against them if the victim seeks compensation.
Important federal trucking regulations
The FMCSA has built out these regulations over the years in response to data on what causes truck accidents and what safety measures could curb these collisions. We’ll break down several of these regulations and explain how they may apply to your truck accident claim.
Hours-of-service
Hours-of-service regulations are among the most commonly violated in the trucking industry. Trucking fatigue is an incredibly common issue, thanks to drivers’ long hours, irregular shifts, and the demands of trucking on the body. These regulations address a number of key safety issues by limiting how long a driver can be on the road before needing a break, how many hours they can drive in a seven- or eight-day period, and how long they can stay on the road after starting their route (regardless of any breaks taken). The vast majority of drivers are required to log their hours using electronic logging devices. Violations may suggest that fatigue contributed to the collision.
CDL requirements
Drivers must have a commercial driver’s license (CDL). This involves passing a rigorous driving test, undergoing medical examinations, and meeting other standards that prove they are safe for driving. If a driver is caught driving on a suspended CDL or without meeting the standards for a CDL, that may indicate that the company knowingly put an unsafe driver on the road.
Drug and alcohol screening
The FMCSA requires drug and alcohol screening at specific times. Drivers must undergo testing before employment, at random times, when reasonable suspicion exists, and after certain qualifying crashes. A driver who has missed tests, refuses to comply with ordered tests, or otherwise fails to meet these requirements could be trying to hide impairment. This can serve as critical evidence in your case.
Vehicle inspection and maintenance
Commercial vehicles go through a lot, and their components are put through enormous strain. That’s why the FMCSA has strict requirements regarding inspections and maintenance. Companies who meet these requirements are able to catch safety risks before they cause a crash. If a collision happens and your truck accident lawyer finds that inspections or required maintenance tasks were not completed, that could be useful evidence in your case against the trucking company.
Cargo securement
Cargo must be secured in a specific way to prevent it from sliding, shifting, or tipping over. Even a slight cargo shift could cause a driver to lose control of their vehicle and cause a collision. If a post-accident inspection finds that cargo was improperly secured, was not secured with the appropriate equipment, or was not properly checked prior to driving, that could implicate the driver or the party responsible for cargo securement.
Record-keeping requirements
Trucking companies have extensive record-keeping requirements. They have to keep logbooks and ELD data, driver qualification files, records of inspections and maintenance, drug and alcohol test results, and proof of cargo hauls. Should a truck driver be involved in a crash and the trucking company be unable to provide necessary documentation, that may be a sign that they are trying to hide regulation violations.
How regulation violations may affect your case
What happens if your truck accident attorney finds regulation violations when they begin investigating your accident? Violations can serve as evidence of negligence. Federal regulations are not optional; they are the bare minimum for keeping road users safe. When a company or driver violates these rules and then causes a collision, that is evidence that they did not take reasonable steps to keep other drivers and passengers safe.
Violations can also help if you have a claim against the company. If a truck driver is employed by a company, the company is typically liable for their negligence, as long as they were working within the scope of their employment at the time of the crash. However, there are other ways that trucking companies can be liable, and regulation violations can go a long way in proving that. Companies may be responsible if they fail to properly hire and train drivers, do not enforce compliance with federal regulations, encourage drivers to violate regulations to complete hauls more quickly, or do not maintain their fleet as a cost-cutting measure.
It’s crucial to work with an attorney who understands these federal regulations and knows how to look for violations.
Start your claim today with Bradshaw & Bryant, PLLC
The team at Bradshaw & Bryant is committed to helping you demand justice after a Minnesota truck accident. Call us today or reach out online to schedule a consultation now.