Both the state and federal governments regulate the trucking industry in Illinois. In particular, the Federal Motor Carrier Safety Administration (FMCSA) sets various regulations for trucking companies and individual drivers. After a crash, these regulations could play a role in your truck accident claim. Any violation might be sufficient evidence that the trucking company is liable for your injuries and medical bills.
Reach out to Michael J. Lichner today to discuss your accident. Below, we look at some of the most important federal regulations for truck drivers and encourage you to contact our office to consult a Joliet truck accident lawyer.
What Are the Key Regulations that Impact a Truck Accident Claim?
The federal government has passed many truck driver regulations that limit who may drive a commercial vehicle, how many hours they can work, and other critical details.
Licensure Requirements
The FMCSA sets requirements for obtaining a Commercial Driver’s License. Candidates must pass a written test and successfully complete a skills test involving the type of vehicle they intend to operate.
Some drivers might be on the road without a valid CDL. That is a significant mistake on the trucking company’s part, which should always check that its drivers are properly licensed. Even if the license has expired, we could use that fact to help establish fault for your crash.
Hours of Service Regulations
Because fatigue is a leading cause of truck accidents, the FMCSA has passed hours of service regulations that cap the number of hours a trucker can drive and work:
- Daily maximum: Any trucker hauling goods is limited to 11 hours driving in a 14-hour workday.
- Weekly maximum: No more than 60 hours in a seven-day period or 70 hours over eight days.
- Mandatory rest: Every trucker must have 10 consecutive hours off before beginning a new shift.
- Daily rest: There is a mandatory half-hour break after driving for 8 hours.
If a trucker violated these rules, then we have strong evidence that they were likely fatigued and are legally responsible for the crash.
Drug And Alcohol Testing Requirements
Chemical impairment is another leading cause of accidents, and truckers are somewhat prone to using substances to help them stay awake or provide comfort on lonely hauls. The FMCSA has set detailed requirements for testing:
- Pre-employment screen;
- Random testing throughout the year;
- Testing when a trucking company has reason to expect impairment;
- Required testing after most accidents.
There is also a process that truckers must complete if they fail a test before they can get back on the road. Employers should require the successful completion of this process and document the steps.
A failed test right after an accident is strong proof that the trucker was impaired. But we might even hold the trucking company directly liable if they refused to perform necessary tests, or they failed to suspend a trucker who had failed a previous test.
Maintenance Records
Trucks must be in top working condition to protect the public. Federal regulations mandate regular inspections:
- Mandatory roadside inspection reports within 24 hours.
- Daily inspection reports from drivers that identify any defects or deficiencies.
- Annual inspections of each vehicle in the fleet.
If maintenance records are missing, then we have a reason to be suspicious. Perhaps the trucking company shredded the records because they showed numerous deficiencies on the rig. Also, if defects were noted but no repairs were made, then there is a strong chance we can hold the trucking company accountable.
Hazardous Materials Regulations
Trucks involved in transporting hazardous materials must comply with the Hazardous Materials Regulations, which require proper classification and placarding. Because hazardous materials are so dangerous, trucking companies must closely follow all regulations to ensure the safe delivery of hazmat.
Often, we discover after an accident that the defendant did not comply with all requirements regarding containment or packaging. A chemical spill can injure hundreds or thousands of people in a surrounding area and even possibly make the evening news. Any violation of the regulations could result in legal liability.
Electronic Logging Devices
Regulations now require that modern commercial trucks have electronic logging devices, called ELDs. These devices automatically download data about the truck and can help us prove whether the trucker followed various regulations, including the hours of service. Your truck accident claim might fail or succeed based on what data we pull from the truck.
Contact our office quickly. We must demand that trucking companies preserve the data and not lose or erase it. Some companies are not eager to share this data, so you benefit from hiring our firm quickly.
Using Violations to Establish Negligence
To win a truck accident claim, your lawyer must prove the defendant was negligent. This means they failed to use the care we expect of other commercial drivers. An obvious example is a motorist who is going 20 miles over the speed limit. That is the type of careless behavior that makes someone legally responsible for the accident.
When a defendant violates safety regulations, we can use the violation to establish negligence. Truck driver regulations are the type of law designed to protect the public, so breaking this law is proof that the defendant failed to use care.
We Have Detailed Knowledge of Federal Regulations
Michael J. Lichner has strong knowledge of federal regulations for truck drivers, and he leverages this knowledge to his clients’ benefit. Trucking companies resist any suggestion that they have not followed the law regarding maximum hours, drug testing, or licensure requirements.
Their denials are strategic. They force injured victims to track down evidence and present it in a way that allows them to receive compensation for their injuries. Few injured victims even know the first step to take. Contact a truck accident lawyer in Will County. Our firm has fought to obtain money for medical bills, car repairs, pain and suffering, and lost income.
Call Us to Schedule a Consultation
We can meet at a convenient time and location to learn more about the crash and your injuries. Contact us today to schedule your free consultation!