Common FMCSA Violations That Lead to Accidents
Request Free ConsultationThe trucking industry is critical to the nation’s supply chain, bringing essential goods and services into and out of each state. Because large commercial trucks cross state lines and national borders, trucking companies and their drivers must follow federal regulations put into place by the Federal Motor Carrier Safety Administration (FMCSA). These regulations seek to minimize the risk of accidents between fully loaded trucks weighing up to 80,000 pounds and vulnerable motorists in smaller vehicles typically weighing around 4,000 pounds. It takes multiple entities to ensure that a safe, well-maintained truck and trailer is on the road and driven by a well-qualified driver. When this doesn’t happen, trust our Kansas City semi-truck accident lawyer to hold negligent truck companies liable.
Driving Hour and Logbook Violations
Drivers are under strict limits regulating the number of hours they spend on the road, their required breaks, and their off-duty hours. These regulations help prevent fatigued, drowsy drivers on the road behind the wheel in immense trucks that could cause catastrophic injuries and property damage in an accident. Drowsiness not only causes the risk of falling asleep at the wheel, but it also diminishes cognition and reduces reaction time. Violating driving hours is negligence and leaves a driver or the trucking company they work for liable for damages. Under FMCSA trucking companies require drivers to keep meticulous logbooks. Today, these are typically digital records of their driving hours. When trucking companies fail to monitor and enforce driving hour limits, set unrealistic delivery goals, or allow or encourage drivers to make fraudulent entries into logbooks, it leads to serious accidents and liability for the damages.
Negligent Truck Maintenance or Maintenance Records
FMCSA regulations require careful routine maintenance of trucks, trailers, tires, and hitching equipment. Drivers and trucking companies must routinely inspect trucks and take prompt action to make necessary repairs. All repairs and maintenance must be meticulously documented to provide a detailed record. If a truck accident occurs due to a maintenance or repair problem, the truck’s maintenance records become critical evidence in an injury victim’s claim for damages.
Improperly Secured or Unbalanced Loads
The FMCSA also sets regulations for securing specific cargo using safety-approved equipment to ensure that cargo doesn’t roll or shift during transport. An unbalanced load can lead to uneven wear and tear on tires and blowout accidents. Sudden weight shifts can cause a truck to accidentally push forward or swerve. It may also cause a loaded trailer to come out of alignment with the tractor or fishtail. In some cases, improperly secured cargo spills onto the roadway and causes accidents and toxic exposures depending on the type of cargo. A trucking company or a negligent freight-loading company could be liable for damages in an accident caused by inadequately secured freight or unbalanced loads.
Negligent Hiring Practices
Trucking companies must ensure that the drivers they hire are well-qualified, hold commercial driver’s licenses, and undergo drug testing as an applicant and at random throughout their employment. They must also carefully monitor their driver’s traffic citations and violations and ensure adequate ongoing training.
Failing to Follow Traffic Laws
Truck drivers have a legal obligation to avoid unnecessary distractions while behind the wheel and carefully follow traffic laws. Drivers must appropriately yield the right of way at intersections, follow the speed limit, double-check blind spots before merging or changing lanes, and follow traffic signs and signals. Failing to adhere to traffic laws is a serious danger to others on the road and leaves a driver or the company they work for liable for damages.
How Can a Truck Accident Lawyer Help?
It takes an in-depth knowledge of FMCSA regulations and common violations to investigate a commercial truck accident. A Missouri truck accident lawyer has the investigative skills and access to resources such as accident reconstruction experts necessary to prove liability and protect a truck accident victim’s best interest. Call the experienced Kansas City injury attorneys at Miller & Hine for a free evaluation of your case.