Federal Motor Carrier Safety Administration (FMCSA) violations often involve truck drivers and trucking companies failing to meet the very specific rules put in place to keep others safe on the roadways. As personal injury attorneys, we view FMCSA violations as a high-risk factor for causing serious injuries and losses to victims. If you were hurt and learned that the driver failed to meet FMCSA requirements, you could have a legal case.
Our personal injury attorney at Sargon Law Group can answer your questions. Reach out to our Phoenix semi-truck accident attorney for a free consultation.
What Are Violations of Federal Trucking Laws?
The FMCSA puts in place rules aimed to strengthen commercial truck and bus safety. Since these large motor vehicles have the potential to cause significant injury and loss when an accident occurs, these laws create some rules that are a bit more specific to commercial drivers than they are for non-commercial drivers.
When a commercial driver fails to meet these requirements, they may face violations, which include fines and fees, as well as the potential of losing their commercial driver’s license. These rules govern a wide range of aspects of operating a commercial truck, including:
- Maintaining a commercial driver’s license, which typically includes testing and training requirements
- Hours of Service rules, such as not driving a truck for more than 11 hours at a time and only after a 10-hour break (other rules apply)
- Maintaining the vehicle rules, including ensuring the commercial vehicle is in good overall repair and not likely to breakdown
Truck drivers, trucking companies, and others in the industry know these rules. They also know what can happen when FMCSA violations occur, including fines and license loss.
Filing a Lawsuit After an FMCSA Violation
If you are hurt in a trucking accident, you may initially blame just the truck driver. Sometimes, it is just that truck driver who is responsible. However, trucking companies, or those that hire truck drivers, must ensure FMCSA rules are met. If they fail to provide documented proof of their adherence to federal law, you have the right to seek legal action against them.
This applies in situations where you are the victim of a truck accident caused by the driver. The truck company must be able to produce logs, for example, of vehicle maintenance as well as drug testing records for drivers. They must be able to demonstrate that the driver had the required time off under the law.
In situations where violations occur, victims of such accidents can file a claim for their losses against the trucking company. This could include damages for medical costs, lost time at work, and pain and suffering, dependent on state laws.
How an Attorney Can Help You Prove FMCSA Violations Occurred
Trucking companies do not have to hand over their logs to just anyone. With the guidance of an experienced attorney, we can pursue legal actions to gain these records, which will, in turn, allow us to pursue violators. Remember, these rules are put into place to keep roads safe. If a driver does not have the required time off and an accident happens, that trucking company could be responsible.
Schedule a free consultation with the Phoenix personal injury attorneys at Sargon Law Group today to find out what your legal rights are if you were the victim and you believe FMCSA violations occurred causing your accident.