Regulations Make Trucking Accidents Complex
Every aspect of motor carriers, including semi-trucks, is regulated by the Federal Motor Carrier Safety Administration (FMCSA). From licensing to financial responsibility and training to maintenance, there are dozens of regulations that, if violated, could affect a personal injury case.
It is important to have an attorney on your side who is familiar with these regulations and how they can affect your personal injury case. Contact us today at (888) 367-7160 for a free consultation, or keep reading to learn more about the violations that can affect your truck accident case.
What are the Regulations for Trucks That Affect Personal Injury Cases?
The FMCSA Regulations are vast and complex, and there is no way we could cover them all here. Still there are some regulations that come up often in personal injury cases.
The most common regulations to be violated in personal injury cases are:
- Part 380 Special Training Requirements
- Part 382 Controlled Substances and Alcohol Use and Testing
- Part 383 Commercial Driver’s License Standards; Requirements and Procedures
- Part 387 Minimum Levels of Financial Responsibility
- Part 392 Driving of Commercial Motor Vehicles
- Part 395 Hours of Service of Drivers
- Part 396 Inspection, Repair and Maintenance
Let’s look at the most common violations that affect personal injury cases.
Training Violations
Special training is required to drive certain motor carriers, including semi-trucks and longer combination vehicles. Each type of vehicle requires new training. It is the responsibility of drivers to ensure they have the proper training, and it is the responsibility of employers not to assign a driver to a vehicle for which they have not been trained.
If a driver does not have appropriate training, they may not be able to respond appropriately on the road to avoid an accident. In these cases, both the driver and the employer may be held responsible.
Alcohol and Drug Use Violations
There are several rules regarding alcohol and drug use, including:
- Drivers cannot report for duty with a BAC of 0.04 or higher. This allows for the use of cold medicine.
- Employers must not allow drivers to report for duty if they have seen or know of alcohol or substance abuse.
- Drivers cannot operate motor carriers while taking narcotics or their derivatives.
- Drivers cannot operate motor carriers while taking medications or substances that alter their ability to perceive dangers or react to them.
Employers are also required to perform random testing of employees, pre-employment screenings, and post-accident testing. If an employer fails to conduct post-accident substance testing, it could take away your ability to prove negligence for alcohol and drug use violations. However, the employer themselves then become somewhat liable.
Failure to Maintain Minimum Financial Responsibility
Motor carriers must maintain minimum financial liability with insurance or equivalent bonds as allowed by the state in which they primarily operate. Maintaining financial liability is the responsibility of the employer, but drivers should ensure that they have proper documentation in their vehicles.
Not having adequate insurance is typically a problem with owner/operators who do not work for an employer. These owner/operators are responsible for their own insurance, and that insurance is expensive. It is possible that semi-truck owners do not have minimum financial liability policies, and when that is the case it can complicate matters in gaining compensation.
Driving While Ill or Fatigued
There are rules about how many hours a driver can be on the road. These vary, and there are some exceptions. For example, a driver can stay on the road for an additional two hours to complete their run when it is delayed by less-than-ideal driving conditions, such as adverse weather.
However, it is illegal for a driver to operate a motor carrier while ill or fatigued. Employers are required to ensure that schedules conform with speed limits to ensure that drivers do not need to be on the road any longer than necessary. Employers can also be held liable if they force an employee to drive while ill.
Failure to Inspect Equipment
Drivers must ensure certain equipment is working before driving, including:
- Service brakes and brake connections
- Parking (hand) brake
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn
- Windshield wipers
- Rear-vision mirrors
- Coupling devices
- Wheels and rims
- Emergency equipment
- Cargo
Employers also have a responsibility to maintenance and inspection of vehicles on a regular basis. Crews or companies responsible for this maintenance and inspection can also be held liable when mechanical failure is the cause of trucking accidents. Determining liability in these cases can be complex, requiring the advisement of experienced Houston truck accident lawyers.
Truck Accidents are Rarley Cut and Dry - We Can Help
Truck accidents often involve more than one violation and there could be more than one potential cause of the accident. Truck accident personal injury cases are complex and require specialized assistance for this reason.
BCH has been helping people just like you recover compensation for truck accidents in the Houston area for years. We are able to break down the facts of the case, sift through the evidence and regulations, and determine which parties should be held liable. Contact us today for a free consultation.
