How important are FMCSA regulations in my accident case against a semi truck driver and trucking company?
The Federal Motor Carrier Safety Administration (FMCSA) regulates the interstate commercial trucking industry. Any attorney handling a truck accident case needs to be very familiar with the Federal Motor Carrier Safety Regulations – “the trucker’s bible.” In every truck accident case we are involved in, we are seeking to prove violations of these federal regulations. It is absolutely essential that a lawyer in a truck accident case knows these regulations inside and out.
Below, I have listed a few of the areas regulated by FMCSA:
- Hours of Service. A commercial truck driver’s driving and off-duty time is required to be recorded in the driver’s daily log. A good truck accident lawyer will analyze the driver’s log to determine if the truck driver violated FMCSA hours-of-service regulations.
- Truck Driver Drug and Alcohol Use. FMCSA regulations require interstate trucking companies to implement a successful controlled-substances-use-and-alcohol-misuse program. This requirement is meant to prevent truck accidents caused by drunk truck drivers and drivers who are taking drugs.
- Driving Requirements. A driver may not operate a commercial truck if, for example, the driver knows that the truck is not in good working order.
- Truck Driver Qualifications. The regulations prohibit a trucking company from permitting an unqualified person to drive a commercial truck; for example, a person with a revoked or suspended license or one who is medically unfit.
- Truck Parts and Accessories. FMCSA also has detailed requirements regarding parts and accessories (tires, brakes, etc.) necessary for safe operation. In every accident case we handle, we will look at whether the accident was caused, even in part, by improperly maintained equipment, lack of safety equipment or any other equipment-related issue.
- Insurance. Federal regulations require commercial trucks to carry certain levels of insurance coverage, depending on the nature of the materials hauled. These regulations protect victims of large truck crashes from truck owners who may not have the financial resources to pay damages out-of-pocket.
Attorney Eric Hageman represents accident victims nationwide. His offices are in Minneapolis, Minnesota. To contact Eric for a free consultation, call 1-888-377-8900 (toll free) or submit our free consultation form.
Tags: Car Semi Truck Accident Attorney, Semi Truck Personal Injury, Tractor Trailer Lawsuit
