Federal regulations affect trucking accident investigations in several ways. Truck accident negligence claims often depend on proving that the driver was violating commercial trucking safety laws. Federal regulations can also be essential to proving employer liability in truck accidents.
If you’ve been injured in an accident with a big truck in South Carolina, you need to know how federal regulations impact truck accident claims.
How FMCSA Regulations Impact Truck Accident Claims
Federal Motor Carrier Safety Administration (FMCSA) regulations provide a framework your lawyer can use to establish negligence in a truck accident case.
Examples of accidents the FMCSA considers preventable include:
- The driver was going too fast to stop.
- The driver entered the intersection without checking traffic.
- The driver failed to keep a safe distance for following.
- The driver was not in the correct lane.
- The driver failed to yield the right of way.
- The driver had been using alcohol or drugs.
There are many other examples of preventable accidents, but they all have two things in common. The FMCSA considers a crash preventable when the driver:
- Could have foreseen the possibility of the accident
- Could have taken steps to avoid it without risking another accident
If your lawyer can prove that the truck driver violated FMCSA regulations, this is evidence of negligence.
Specific Federal Regulations for Truck Drivers
DOT regulations for truck drivers include:
- Hours of Service regulations limit how many hours a driver can drive before taking a break. For instance, truck drivers cannot drive more than 11 hours after any 10 hours off. Hours of Service (HOS) violations are evidence of negligence because of the relationship between truck driver fatigue and accidents.
- Truck maintenance and inspection laws require trucking companies to maintain all their vehicles safely and inspect them regularly. The FMCSA also requires truck drivers to inspect their trucks daily.
- Drug and alcohol testing for truck drivers. If the trucking company does not conduct mandatory testing, that is evidence of trucking company liability.
Weight limits and cargo securement laws are also factors in truck accident cases. The Federal Highway Administration limits truck weights. A truck on the interstate may weigh no more than:
- 20,000 pounds for single axles
- 34,000 pounds for tandem axles
- 80,000 pounds maximum gross vehicle weight
FMCSA cargo securement rules specify how truck cargo must be secured and what securement devices can be used. When cargo is not secured correctly, it can shift or fall out of the truck, causing an accident. In this case, the cargo shipping company may be liable.
How Black Box Data Can Help
Although federal regulations do not require them, many trucks have an Event Data Recorder, or “black box,” which tracks information in the seconds leading up to a crash. This data includes:
- Speed
- Acceleration and deceleration data
- Braking data
- The angle of the steering wheel
- Airbag deployment info
- Engine performance
- GPS information
- Seatbelt usage
Lawyers often use black box data in truck crashes because this data can be very helpful for reconstructing what happened in a crash. Trucks also carry Electronic Logging Devices (ELDs), which are different from black boxes. An ELD tracks how many hours a truck is operating and can help your lawyer prove hours of service violations.
Commercial Driver’s License Regulations
The FMCSA’s CDL (Commercial Driver’s License) regulations require drivers to prove they have the skill to drive a large commercial truck. If a trucking company hires a driver without the required CDL license, and that driver gets in an accident, the company is liable. CDL licenses are also subject to restrictions. For instance, no one convicted of human trafficking is eligible for a CDL license.
Who Can Be Held Liable in a Truck Accident?
Truck accidents are often more complicated than passenger vehicle accidents. In an ordinary car accident, one of the drivers is usually liable. There may be several liable parties in an accident with a big truck. Parties that can be held liable in a truck accident include:
- The truck driver. Truck accidents are often caused by truck driver negligence, such as speeding, driving without enough sleep, distracted driving, or driving under the influence.
- The trucking company. The company is liable if it hires an unqualified driver, provides inadequate training, encourages drivers to drive too many hours, or fails to maintain the vehicle.
- The maintenance company. If the accident was caused by failing brakes or some other part that was not properly maintained, the company responsible for maintenance may be liable.
- The cargo loading company. If an improperly secured load caused the accident, the company responsible for loading the cargo can be liable.
- The truck manufacturer. The truck manufacturer may be responsible if a malfunctioning part caused the accident.
In the immediate aftermath of an accident, knowing who to hold responsible for what happened may not be easy. A South Carolina truck accident lawyer can determine liability and pursue damages from all responsible parties.
Contact a South Carolina Truck Accident Lawyer Today
Truck accidents often cause catastrophic and life-changing injuries. If this has happened to you, then you need the help of a dedicated South Carolina truck accident lawyer.
Murphy Crantford Meehan is a personal injury law firm serving Charleston, South Carolina. We believe an injured person should never have to pay for someone else’s negligent behavior. The only way to ensure you don’t pay out of pocket is to file a personal injury claim against the negligent parties.
We will file that claim for you and handle all the negotiations with the insurance company. If they’re willing to offer a reasonable settlement that covers your losses, then we’ll accept it. If they refuse to do so, we will take them to court. Either way, we will use Federal regulations to prove that the at-fault parties are responsible for your injuries.
The compensation you may be entitled to includes:
- Medical expenses
- Lost income
- Pain and suffering
In some cases, you may also be able to claim punitive damages. If you’ve been injured in a truck accident in South Carolina, contact Murphy Crantford Meehan immediately.
