The Federal Motor Carrier Safety Administration (FMCSA) and the United States Department of Transportation (DOT) regulate and provide guidance regarding any commercial truck that travels and operates in interstate commerce weighing over 10,000 pounds (or trucks of any weight carrying toxic or hazardous materials). Unfortunately, many trucking companies and truck drivers fail to follow the required guidance and regulations of these federal agencies, resulting in serious accidents and catastrophic injuries. If you suffered injuries due to a trucking accident resulting from non-compliance with federal trucking regulations, learn how a Los Angeles federal compliance lawyer at Pintas & Mullins Law Firm at (800) 794-0444 can help you understand your rights under the law.
Areas of Federal Compliance Regarding Commercial Trucks
The federal rules regarding the operation and maintenance of large commercial trucks pertain to the following areas:
- Hours of Service Regulations (regarding the amount of rest a truck driver must have before starting a new shift, or the length of time a truck driver may drive a commercial truck before a required rest period)
- Maintenance
- Inspections
- Cargo loading requirements (cargo weight as well as the proper securement of cargo)
- Medical certification of the truck driver (typically every two years)
- Training requirements for truck drivers
- Testing truck drivers for alcohol and drugs
- The requirement to maintain accurate logs regarding driving, inspections, repair, replacement and maintenance of the commercial truck and any trucking parts or components
Failure to Follow Federal Regulations
Despite the federal regulations established to ensure safety on the roadways regarding commercial trucks, many trucking companies and truck drivers continue to violate these federal regulations as evidenced in the study titled Large Truck and Bus Crash Facts published by the FMCSA. Some of the ways that trucking companies and truck drivers fail to follow federally established regulations include the following:
- Failure to maintain a proper commercial driver license (CDL) as required by the Code of Federal Regulations Section 383.51(a)
- Truck driver negligence in the operation of the commercial truck including speeding, distracted driving, driving while under the influence of drugs or alcohol, failure to keep in the proper lane, failure to yield the right of way to other vehicles, reckless driving, tailgating, failure to obey traffic control devices or signs, failure to obey the rules of the road, failure to obey police officers, failure to obey safety zones, overcorrecting, making an improper left turn, and improper passing
- Failure to load the cargo in the commercial truck correctly, or secure the cargo correctly according to federal regulations
- Failure to operate the commercial truck with the proper equipment
- Failure to inspect, maintain, repair, or replace truck equipment or parts according to federal regulations
For a free legal consultation with a Federal Compliance Lawyer serving Los Angeles, call (800) 794-0444
Proving Failure to Comply with Federal Regulations in Trucking Accidents
A study from the National Highway Transportation Safety Administration indicated that 111,000 people suffer injuries yearly from accidents involving large commercial trucks. In many cases, these accidents are a direct result of the trucking company or the truck driver failing to comply with federal regulations required by law. In some cases, trucking companies and truck drivers work diligently to conceal or destroy evidence that would essentially prove their negligence. Insurance companies will arrive at the scene of the trucking accident to attempt to exculpate their client from any kind of liability or responsibility for the accident.
In order to determine negligence and prove that a trucking company or truck driver failed to comply with federal regulations in some way, specific evidence must exist of those violations. Trucking companies and truck drivers may attempt to destroy this evidence, which is why a victim should send a spoliation letter legally requiring the trucking company and truck driver to keep all evidence related to the accident. Some of the evidence that would prove failure to comply with federal regulations includes:
- Logbooks of the trucking company and the truck driver
- The “black box” of the commercial truck (providing evidence of stopping, rest periods, speed, braking, etc.)
- Inspection records
- Maintenance schedules of the truck
- Documentation regarding the truck driver’s history of training and education
- Hours of service records and logs (providing evidence of how long the truck driver took rest periods between shifts)
- Cargo loading and securement logs
- Records regarding drug testing of the truck driver
- Recordkeeping violations
The trucking company and truck driver have no legal responsibility to provide these documents or evidence until you file a claim. Obtaining this evidence is absolutely critical to proving the failure to comply with federal regulations caused the trucking accident and the victim’s injuries. Consider visiting with a Los Angeles federal compliance lawyer at Pintas & Mullins Law Firm to learn how we may help you obtain this critical information to build your personal injury case.
Los Angeles Federal Compliance Lawyer Near Me (800) 794-0444
Types of Compensation
The failure of a trucking company or truck driver to follow federal regulations can result in many different types of trucking accidents ranging from brake failure (failing to follow federal guidelines regarding proper inspection) to a truck driver falling asleep at the wheel (failing to follow federal guidance regarding Hours of Service regulations.) While the amount of compensation will vary depending on the severity of the accident and injuries suffered by a victim, the following are certain types of compensation a victim may attempt to obtain following a trucking accident resulting from negligence due to the failure to follow federal compliance laws.
- Medical expenses
- Lost wages
- Loss of future wages
- Disability compensation
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement, paralysis, or amputation
- Punitive damages
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Consider a Los Angeles Federal Compliance Lawyer
If you suffered any injuries due to the brake failure of a commercial truck, consider how a Los Angeles federal compliance lawyer at Pintas & Mullins Law Firm at (800) 794-0444 can help you understand your legal rights and help you pursue justice. You may have the right to pursue compensation for your medical bills, lost wages, property damage, and pain and suffering related to your trucking accident. Developing a personal injury case based on the failure of a trucking company or truck driver to comply with federal regulations is legally complex and challenging. Find out how we can help you today.
Call or text (800) 794-0444 or complete a Free Case Evaluation form