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Trucking Regulations and Your Case: Understanding Why They Matter

Published July 16, 2024 by Harker Injury Law

Trucks on road.

The federal regulations that govern commercial motor vehicles can help to prevent a truck accident by holding truck drivers and the trucking industry to a high standard. The Federal Motor Carrier Safety Administration (FMCSA) and state authorities like the California Department of Transportation meticulously regulate almost every aspect of truck operations, ensuring road safety and preventing accidents.

However, when these trucking rules are breached, and such violations lead to truck crashes, it constitutes negligence under the law. Truck accident cases often hinge on whether federal regulations governing commercial motor vehicles (CMVs) have been violated. If federal rules were broken and resulted in your trucking accident, a personal injury attorney may be able to help.

Harker Injury Law wants to be there to support you during this challenging time. Our compassionate truck accident lawyers will handle every aspect of the legal process so that you can focus on your recovery. If you, or someone close to you, has been in an accident involving a truck driver — get a free consultation today with an experienced attorney by filling out our online contact form

Truck Regulations and Risks

As of June 2024, there have been 3,992 truck accidents reported in California in 2024. While this may seem high, it is significantly less than half of 2023’s number of truck crashes. Part of the reason these crashes are so dangerous and often cause severe injury is due to the large size of the commercial trucks that use our highways.

In order to prevent vehicle accidents, there are numerous FMCSA rules from the federal government directing each trucking company and truck drivers to meet certain trucking regulations or be met with serious consequences.

For instance:

  • Drivers must obtain a commercial driver’s license (CDL)
  • Commercial truck drivers must undergo medical checks
  • Vehicle checks and maintenance procedures must be performed
  • Hours of service (HOS) must be respected
  • Drivers must receive continuous education
  • Technology advancements should be implemented promptly

Ultimately, the enforcement of federal regulations governing trucking operations plays a pivotal role in preventing accidents and ensuring accountability.

When these regulations are violated, and negligence leads to truck accidents, the legal system provides a pathway for victims to seek justice and recover damages for their injuries. By holding negligent parties accountable, truck accident cases underscore the importance of adherence to safety standards to protect all road users from preventable harm.

How Regulations Help Keep Drivers Safe

Federal regulations for the trucking industry are mandated by the FMCSA to all trucking companies, truck drivers, and anyone owning or operating commercial vehicles. Some rules apply only to commercial trucks that transport hazardous materials, while the majority apply to all commercial drivers. One of the biggest culprits of safety violations in the trucking industry has to do with the hours of service regulations.

For example, hours of service, or HOS, trucking regulation stipulates that:

  • A driver may drive a maximum of 11 hours after 10 consecutive hours off duty
  • A driver may not drive beyond the 14th consecutive hour after coming on duty
  • A driver must take a 30-minute break within the first 8 consecutive hours of driving
  • A driver may not continue to drive after driving 60 hours within 7 consecutive days or 70 hours within 8 consecutive days
  • If the 60/70 hour limits are reached, the minimum break must be 34 hours off duty before the driver can be on duty again
  • Drivers are required to have a period of 10 hours off duty, either in one long stretch or in separate periods, as long as one of those periods is at least 2 hours long
  • Adverse weather or driving conditions can extend the maximum driving hours by up to 2 hours

To avoid facing regulation violations, trucking companies must closely monitor their driver’s driving and sleep schedules in order to ensure that they are driving safely and in accordance with federal trucking regulations. HOS regulations are commonly a critical factor in truck accident cases.

In fact, not only would trucking companies and commercial truck drivers face fines or a ticket if an accident occurs, but they might also face a lawsuit. These mandatory rest breaks are designed to allow the safe operation of large trucks. When violations of the FMCSA and California DOT’s rules happen and cause an accident where another person is injured, those responsible may be found liable for negligence.

Who May Be Found Liable in a Truck Accident Case

Liability in the context of truck accidents refers to the failure of a truck driver or trucking company to adhere to FMCSA regulations. For instance, if a driver exceeds the allowable hours of service without adequate rest breaks, this violation can lead to fatigue, impairing the driver’s ability to operate the vehicle safely. Similarly, inadequate maintenance of the truck, such as faulty brakes or worn-out tires, due to violations of maintenance standards can contribute to accidents.

In such cases, victims of truck accidents have the legal right to pursue compensation for their injuries, as negligence on the part of the trucking company or driver has directly contributed to their harm. The injured party, often represented by a personal injury attorney experienced in handling truck accidents, must demonstrate that the truck driver or the trucking company breached their duty of care by failing to comply with FMCSA regulations and that this breach of duty directly caused the accident and resulting injuries.

Legal proceedings in such cases may involve extensive investigation into the circumstances leading up to the accident, including:

  • Reviewing driver logs and comparing them to HOS regulations
  • Going through maintenance records
  • Investigating compliance with hours of service regulations
  • Looking at onboard GPS systems
  • Gathering mobile phone data
  • Confirming time-stamped pick-up and delivery receipts
  • Compiling documentation from electronic logging devices (ELDs)

After a truck accident, it is crucial to investigate to determine what transpired and what party or parties have responsibility for the crash.

How Harker Injury Law Can Help

At Harker Injury Law, our experienced attorneys believe that every case is important — no matter how small. We know that after your truck accident, you likely need to take time to heal, and the last thing you need is to worry about regulatory violations in your truck accident.

A personal injury lawyer can help you receive restitution for what you have gone through. We know the federal trucking regulations and the lengths that trucking companies will take to protect themselves and their bottom line.

When we take on your case, we will explain your rights to you while offering guidance as you navigate the legal system. Your lawyer will tirelessly fight for you to get maximum compensation for what you have endured.

Harker Injury Law has the knowledge and experience necessary to help you identify every person or entity that should compensate you after a truck accident and to seek that compensation in full from them. We offer a free case evaluation to each new client. Contact us today for your free case review.

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