Commercial trucking companies and drivers must comply with regulations established by the Federal Motor Carrier Safety Administration (FMCSA). These rules are designed to reduce accidents and improve roadway safety. When truck drivers or trucking companies violate FMCSA regulations, those violations may contribute to serious crashes and strengthen an injured victim’s personal injury claim.
A semi-truck accident attorney understands these niche FMCSA violations and will help pursue compensation for your injuries.
Contact our firm today at (314) 300-6260.
Common FMCSA Violations That May Lead to Truck Accidents
While the FMCSA’s regulations cover nearly every aspect of commercial trucking, certain categories of violations appear more frequently than others. Some of these include:
Hours-of-Service (HOS) Violations
Hours-of-service rules strictly limit how long a trucker can drive before resting, because fatigue is one of the deadliest hazards in the industry. Common violations include driving too many consecutive hours, exceeding weekly on-duty limits, and failing to take required breaks. A fatigued driver has slowed reaction times and impaired judgment, dangers that are similar to those seen in drunk driving cases. HOS violations are among the most frequent findings in post-crash investigations.
Electronic Logging Device (ELD) Violations
Federal law requires most commercial trucks to be equipped with electronic logging devices that automatically record driving time. Violations occur when records are missing or falsified, or when drivers or companies tamper with logs to hide hours-of-service violations. Falsified logs not only conceal fatigue-related risks but can also demonstrate a willful disregard for safety that strengthens an injury claim.
Driver Qualification Violations
Not everyone is qualified to operate an 80,000-pound vehicle, and the FMCSA sets strict standards for who may do so. Violations in this category include improper or invalid commercial licensing, expired medical certificates, inadequate training, and poor hiring practices, such as putting a driver with a history of violations or failed drug tests behind the wheel. When an unqualified driver causes a crash, the company that hired them often shares the blame.
Vehicle Inspection and Maintenance Violations
Commercial trucks must be regularly inspected, maintained, and repaired, and drivers must complete pre-trip and post-trip inspections. Violations commonly involve brake defects, tire problems, steering issues, and the outright failure to perform required inspections. A truck with defective brakes or worn tires may be physically unable to stop or maneuver in time to avoid a collision, no matter how attentive the driver is.
Cargo Securement Violations
Federal rules dictate how cargo must be loaded, distributed, and secured. Violations include improperly loaded cargo, overloaded trailers, and cargo that shifts in transit. An unbalanced or overweight load changes how a truck handles, lengthens stopping distances, and can cause rollovers or jackknifes, and cargo that comes loose can become a deadly hazard for every vehicle nearby.
Drug and Alcohol Violations
The FMCSA requires motor carriers to conduct pre-employment, random, and post-accident drug and alcohol testing. Violations include failing to conduct required testing, drivers operating under the influence, and companies failing to remove prohibited drivers from service after a positive test. Impaired operation of a commercial truck is among the most egregious forms of negligence on the road.
Distracted Driving Violations
Federal regulations prohibit commercial drivers from texting and severely restrict hand-held cell phone use behind the wheel. Violations include cell phone use as well as other prohibited distractions that take a driver’s eyes, hands, or attention away from the road. At highway speeds, a truck travels the length of a football field in the seconds it takes to read a text message.
Any one of these violations can turn a routine trip into a catastrophe, and in many truck accident cases, investigators uncover more than one.
How FMCSA Violations Are Discovered
FMCSA violations are generally uncovered through prompt, thorough investigation. St. Louis personal injury attorneys and accident reconstruction experts examine driver logbooks and ELD data for hours-of-service violations, download black box (ECM) data showing speed and braking, review inspection and maintenance records, obtain post-accident drug and alcohol test results, and scrutinize the driver’s qualification file and the company’s hiring and safety history. Federal and state inspection databases, prior violation records, and the company’s FMCSA safety rating can also reveal patterns of noncompliance.
Because trucking companies are only required to retain certain records for limited periods, an experienced truck accident attorney will act quickly to send a preservation letter and secure this evidence before it disappears.
Talk to an Experienced Truck Accident Attorney Today
If you were injured in a crash involving a commercial truck, FMCSA violations may be the key to proving your claim, but it’s important to try to recover that evidence quickly. Logs can be overwritten, trucks can be repaired, and records can disappear within weeks of an accident.
Our experienced truck accident attorneys know the federal regulations inside and out, and we know how to uncover the violations that trucking companies would rather keep hidden.
Contact us today for a free, no-obligation consultation.