Although trucks have been on the roads as long as cars, the Federal Motor Carrier Safety Administration (FMCSA) has existed only since 2000. This federal agency is responsible for setting the proverbial “rules of the road” for the trucking industry.
In addition to regulatory compliance and enforcement, the FMCSA also develops standard tests for commercial driver licenses. The agency also collects and analyzes data on motor carrier safety to improve road conditions.
One of the FMCSA’s most important functions is investigating crashes. However, these investigations differ from the on-scene forensic reconstruction conducted by local police. The FMCSA is all about compliance. The outcome of an FMCSA investigation can go a long way toward proving truck driver negligence. That can support your personal injury claim if you’re the victim of a truck accident.
What are the potential FMCSA violations found after a truck accident? There is a lot to pick from.
Common Hours of Service Violations and Driver Fatigue
The FMCSA sets the Hours of Service (HOS) for truck drivers. The agency takes these hours very seriously. The prevailing wisdom is that exceeding these hours can lead to fatigue, which compromises a driver’s ability to stay in control of their rig.
These are the possible HOS violations that the FMCSA looks for after a truck accident.
Exceeding the 11-Hour Limit: A truck driver has an 11-hour driving limit. The driver might attempt to push past legal hours to finish a delivery route or meet a tight company deadline. That can create a scenario where the trucking company might be found liable along with the driver.
Violating the 14-Hour Window: All driving must finish within 14 consecutive hours of starting work. This time includes off-duty breaks. A truck driver can be in violation if they continue driving past the 14th hour of the shift, even if the total driving time is under 11 hours.
Skipping Mandatory Breaks: Drivers must take a 30-minute break after 8 hours of driving. If a driver skips the break to save time, they would be in violation.
Falsifying Logs: The HOS are not on the “honor system.” The FMCSA requires truck drivers to maintain Electronic logging devices (ELDs). A truck driver could be in violation if they manipulate their ELDs to hide extra driving time.
Ignoring Weekly Caps: Driving past the 60- or 70-hour weekly limits without taking the required 34-hour off-duty break is also a violation.
Even if they comply with hours-of-service regulations, a driver can still be found drowsy behind the wheel. A driver-facing dashcam required by many trucking companies can show whether the driver was struggling to stay awake before the crash.
Cargo Securement Rule Violations
Loose cargo can present a significant risk for truck drivers. Recently, an overturned 18-wheeler released 24 million honeybees, forcing a Texas neighborhood to go into lockdown. Although the crash most likely caused the bees to be released, if the cargo wasn’t properly secured, it could have shifted, causing the driver to lose control of the rig.
The FMCSA has created cargo securement rules for any commercial vehicle operating along interstate routes. Recent changes require certain carriers to increase the number of tiedowns.
These are the kinds of rules the FMCSA accident inspection will look for.
Systemic Maintenance Failures and Vehicle Inspection Violations
FMCSA also requires trucking companies and drivers to maintain their vehicles properly. As with hours of service, companies must keep records verifying truck maintenance and inspections. These are the regulations that the FMCSA will verify after a truck accident:
Systematic Inspection: Trucking companies must establish proactive maintenance schedules, track component lifecycles, and maintain repair histories including make, model, VIN, and maintenance dates.
Daily Inspections: Every truck driver must complete a daily written or electronic Driver Vehicle Inspection Report (DVIR). They must report any defects and any certified repairs.
Annual Inspections: Commercial motor vehicles require a comprehensive annual inspection performed by a qualified inspector. When a trucking company does not properly inspect and maintain its fleet, it can contribute to an accident. That is another way that the trucking company can be held accountable for the accident.
Legal Remedies for Victims of Regulatory Negligence
The purpose of the FMCSA accident inspections is to hold the truck driver and the trucking company responsible for any violations. The result could be a fine or a license suspension for the driver. All FMCSA findings can be made available to the accident victim. That is where Barrera Law Group LLC can help.
We have extensive knowledge of all the FMCSA regulations and understand how they apply to a truck accident. In addition to the FMCSA findings, we conduct our own investigation to identify all potential parties who could be held accountable for the accident. That includes looking at the truck driver, the trucking company, the cargo securement team, and the maintenance crew.
We will always fight for our clients to help them secure the maximum benefits they are allowed. If you’ve been involved in an accident with a truck, we want to hear from you.
Call today to schedule a free consultation to discuss what happened and what comes next.