Trucking companies must ensure that their employees, truck drivers, safely operate their large commercial trucks. Failing to operate these vehicles safely can lead to severe injuries.
The size of these vehicles is massive. Just based on the sheer weight of a commercial truck can cause a deadly accident. Because of the risk of death and severe injury, the Federal Motor Carrier Safety Administration regulates the trucking industry.
You deserve legal representation if a truck accident injures you. Contact an truck accident attorney to learn more about your legal right to recovery after an accident to get started down the road to fair compensation.
What Is The FMCSA?
The Federal Motor Carrier Safety Administration (FMCSA) sets standards and rules for trucking companies and truck drivers across the country. FMCSA requires trucking companies to abide by specific rules. Failing to follow the rules might cause the company and/or truckers to face fines and penalties.
You need legal representation if you have suffered an injury in a traffic crash. Contact a lawyer immediately to learn more about your legal right to recover financial compensation for your losses.
Common Rules FMSCA That Trucking Companies Violate
Trucking companies typically violate several common rules:
Logbook and ELD Compliance
FMCSA requires trucking companies to keep logbooks. Falsifying logbooks for failing to use electronic logging devices to track hours of service can result in significant fines and penalties.
Drug and Alcohol Testing
Truck drivers must undergo drug and alcohol tests. These massive vehicles can cause severe injuries. The FMCSA requires trucking companies to ensure their drivers do not go onto the road while under the influence of drugs or alcohol.
Driver Qualifications
Trucking companies must hire qualified drivers. Failure to ensure drivers have the qualifications before getting behind the wheel can lead to severe accidents. Examples of driver disqualification can include no medical certification, not having a valid CDL, or not complying with regular drug tests.
Vehicle Maintenance
FMCSA requires trucking companies to maintain each vehicle properly. Violations related to vehicle inspections, safety standards, and maintenance are common reasons for enforcement actions.
Hours of Service
The FMCSA sets the number of hours truck drivers are allowed to work at one time. Failure to comply with the hours a driver can drive in a day and a week is one of the most common violations. The limits on the hours allowed to drive are designed to reduce fatigue-related traffic accidents.
Speak to an attorney immediately if a traffic accident involving a large commercial truck injures you.
Consequences For Violating The FMCSA Rules
Trucking companies will face consequences if they violate FMCSA rules. The available punishments might vary in severity, but the FMCSA regulations try to hold companies accountable. Examples of potential punishments include:
Increased Risk of Accidents
Companies that violate the FMCSA rules face a higher likelihood of accidents. FMCSA rules are intended to make the roads safer. Violations can lead to property damage, bodily injury, or death.
Driver Disqualification and Penalties
FMCSA violations related to driver disqualifications can cause the company to face penalties and fines. You can hold companies that fail to enforce proper drug and alcohol testing, for example, responsible for ensuring that drivers comply with federal regulations. This violation can result in penalties for the company and the truck driver.
Fines and Financial Penalties
The FMCSA can impose substantial fines on trucking companies. For example, penalties for violating rules regarding hours of service can result in fines totaling more than $10,000.
If a company fails to maintain safe equipment or operates vehicles that do not meet FMCSA safety standards, it can face significant penalties. Fines can range from hundreds to tens of thousands of dollars per violation.
FMCSA can fine a company $25,000 for failure to conduct proper drug and alcohol testing or to implement a program to monitor driver’s compliance.
Revocation of Operating Authority
FMCSA violations can result in suspension or revocation of a trucking company’s operating authority.
FMCSA can revoke or suspend the trucking company’s ability to operate its business if it fails to comply with safety regulations or engages in unsafe practices. This can make the company unable to operate commercially, resulting in a shutdown of business operations.
If FMCSA deems a company unfit to continue operating because of repetitive safety violations, it may prohibit the company from operating interstate or within certain states.
Increased Scrutiny and Audits
Repeated FMCSA violations might cause the trucking company to receive increased scrutiny and audits. If a trucking company has a history of violations, FMCSA may subject the company to more frequent, time-consuming, disruptive, and costly audits. FMCSA may require a compliance review from the company.
Reputational Damages
Repetitive FMCSA violations can harm a company’s reputation. Violating FMCSA regulations can severely damage a trucking company’s reputation. Clients may no longer want to work with a company with safety concerns, leading to lost contracts and revenue.
Insurance Costs and Liability
FMCSA violations can lead to accidents, which in turn lead to increased insurance premiums. Companies with poor safety records or violations may face significantly higher insurance premiums. Insurance companies may view the trucking company as a higher financial risk, raise premiums, or refuse to provide coverage entirely.
If the trucking company’s FMCSA violations directly contribute to an accident, you can hold the company financially liable for damages resulting from the crash. Violations can sometimes lead to punitive damages if you can prove gross negligence.
Legal Consequences
Trucking companies might face legal consequences if they violate the FMCSA rules and regulations. If an FMCSA violation caused the accident, the company might face lawsuits from the victim, their family, or other parties involved.
In some cases, the violation of federal regulations may result in criminal charges or further legal liability. In cases of widespread violations, trucking companies can face class action lawsuits filed by drivers, employees, or consumers.
How Can an Attorney Help Me After a Traffic Accident?
Having an experienced attorney can help you get the recovery that you deserve after an accident. A truck accident attorney can increase your odds of accessing fair compensation.
Here are some practical ways an attorney can help throughout the claims process.
Determining Liability
Determining liability is essential in any accident case. In a case where the trucking company’s violation of FMCSA rules contributed to the accident, the attorney can help prove that the company, not just the driver, is at fault. You need this to seek compensation.
Sometimes, accidents may involve multiple parties. A truck accident attorney can identify who you can hold responsible. By determining liability after an accident, your lawyer will protect your legal rights after getting injured in an accident with a commercial truck driver who works for a company that violates FMCSA rules.
Investigation
An attorney can investigate whether the trucking company violated FMCSA regulations, such as hours of service, drug testing rules, and truck maintenance. They can request and analyze driver logs, maintenance records, drug and alcohol test results, and vehicle inspection reports.
A legal professional may work with accident reconstruction experts to determine how the violation led to the accident and to establish liability.
Identifying All Responsible Parties
In accidents involving a large commercial truck, multiple potentially responsible parties can share liability for causing your injuries. An attorney will identify each potential defendant and hold them all accountable.
Work closely with your truck accident lawyer to ensure that everyone responsible pays for your injuries and losses.
Settlement Negotiations
The settlement negotiations phase of your claim is one of the most critical stages of your case. Despite this being a vital part of your case, individuals who try to negotiate alone can end up with money being left on the table. Having an attorney clarifies to insurance adjusters that you mean business and will not settle for an unsatisfactory offer.
Filing a Lawsuit
If the settlement negotiations phase of your case is unsuccessful, your lawyer might want to file a lawsuit on your behalf to resolve your case. Handling a lawsuit alone can feel scary and overwhelming. An attorney will help properly and persuasively assert your rights and the facts of the case.
An attorney can pursue punitive and compensatory damages for a trucking company’s egregious actions.
Represent You In Court
If your case goes to trial, your attorney will represent you in court, presenting evidence of FMCSA violations, expert testimony, and how the company’s actions led to your injuries or damages.
In some cases, your attorney may advise going to trial if they believe that a jury will deliver a favorable verdict, especially for a trucking company’s severe violations.
Handle Medical and Expert Witnesses
Your case may involve the use of medical and other expert testimony. For injury claims, attorneys can work with medical professionals to document your injuries and tie them directly to the truck accident. You need this to present the full scope of your damages.
In cases involving complex issues such as FMCSA violations or truck maintenance failures, attorneys consult experts in trucking safety, vehicle mechanics, or accident reconstruction to support your case.
Dealing With FMCSA and Regulatory Compliance
Getting into a traffic accident with a large commercial truck can come with numerous additional problems that other types of accidents do not, including dealing with FMCSA and regulatory compliance. An attorney can explain your rights throughout this process.
If the trucking company faces regulatory scrutiny from the FMCSA, your attorney can leverage that information in your case to strengthen your position in court or during settlement talks. An attorney can guide you through the process, protect your rights, and represent you in court.
Protect Your Legal Rights
You have rights after an accident with a large commercial truck. An attorney will help ensure your case is filed within the correct time limit. Missing deadlines, like the statute of limitations, can result in losing your right to seek compensation.
An experienced attorney will develop a strategy tailored to your case, helping you navigate complex legal procedures, including filing motions, managing court deadlines, and interacting with insurance companies.
A truck accident lawyer can ensure victims of crashes involving FMCSA violations recover full compensation for their injuries and losses.
Attorneys can conduct thorough investigations, handle insurance claims, collect proof of violations, negotiate proper settlements, and file lawsuits to protect your legal rights.
Suppose a trucking company’s violation of safety regulations caused or contributed to your accident. In that case, an attorney will ensure the company is held accountable, and you receive the financial compensation you deserve.
Contact An Attorney Today
You have rights. An experienced personal injury lawyer can assert your rights against negligent trucking companies violating FMCSA rules. Contact a lawyer now to claim the compensation you deserve after suffering an injury involving a large commercial truck.
By contacting an attorney early, you can benefit from their knowledge and understanding of FMCSA regulations. They can assess your case and determine the best course of action. Their experience in handling similar cases allows them to anticipate potential challenges, and build a strong case on your behalf.
Do not delay or hesitate. You deserve a strong legal team working on your behalf. Contact a truck accident attorney today to hold companies violating FMCSA rules and regulations accountable for their actions.
