Large commercial trucks are considerably longer, heavier, and taller than other vehicles on the road. As such, they pose a significant risk of injury or death if they’re mishandled or involved in an accident.
The Federal Motor Carrier Safety Administration (FMCSA) sets minimum standards that trucking companies and truck drivers must meet to enhance safety and reduce the risk of avoidable trucking accidents.
If you’re involved in a truck accident, it’s important to discuss your situation with a truck accident lawyer in Round Rock. Your attorney will understand the FMCSA federal trucking regulations and understand how they’ll apply to your case.
Proving a violation of a state or federal trucking safety rule can help you establish a truck driver or trucking company’s negligence and, in turn, help you recover the compensation you need to pay for costly medical care, offset a sudden loss of income, and cope with harder-to-value trauma from the big rig crash.
Here’s a breakdown of some of the most important federal trucking regulations, which often play a part in civil truck accident lawsuits in Texas.
Minimum Truck Driver Requirements
Not just anyone can operate a large commercial truck. The FMCSA sets minimum standards for truck drivers in 49 CFR 391.11.
These include:
- Age: Drivers must be at least 18 years old for intrastate travel (within the state) and 21 years old for interstate travel (outside of the state of Texas)
- Language Proficiency: Truck drivers must speak and read English
- Entry Level Driver Training: First-time drivers or drivers attempting to upgrade their license or add a certification must complete Entry Level Driver Training (ELDT), which includes practical, hands-on, and written exams to demonstrate an ability to drive a truck safely.
- DOT Physical Card: All drivers must undergo a physical evaluation to ensure they are physically fit enough to operate a large commercial vehicle
- Drug and Alcohol screening: Truck drivers must undergo regular drug and alcohol screenings before and after they’re hired to ensure compliance with zero-tolerance policies
Once a driver obtains a Commercial Driver’s License and is recognized as a commercial truck driver, they must undergo regular physical evaluations and screenings to ensure they remain fit to do the job. If you suspect the truck driver violated any of the minimum standards mentioned above, a truck accident attorney can investigate and determine whether the violation contributed to your crash.
Hour of Service Limitations
Driving a large big rig or tractor-trailer takes a physical toll on a driver. The more time a driver spends behind the wheel, the more likely they are to be fatigued and susceptible to making mistakes that could cost them or someone else their life. Through the Hours of Service regulations, the FMCSA limits the amount of time a driver can spend working to reduce these risks.
Hours of Service regulations include:
- Truckers can drive up to 11 hours after being off duty for at least 10 consecutive hours.
- Drivers have up to 14 hours to complete all job-related tasks and responsibilities, including vehicle inspections and breaks, after having spent at least 10 consecutive hours off duty.
- Drivers must take at least one 30-minute break after driving for 8 hours.
Most drivers are limited to working 60 hours in a 7-day period or 70 hours in an 8-day period. Some exceptions apply. Drivers can reset their weekly limits by spending at least 34 hours off duty. An experienced truck accident lawyer can analyze driver logs and electronic records to determine whether an HOS violation occurred and help hold the trucking company accountable.
Vehicle Inspections
Trucks are complicated vehicles and, if they’re not checked carefully, things can easily go wrong. FMCSA regulations require periodic inspections and annual inspections to find potential malfunctions or defects with a vehicle before they become problematic.
Drivers must conduct pre-and-post trip inspections and complete a Driver Vehicle Inspection Report (DVIR), in which defects or issues related to any of the following vehicle systems are reported:
- Tires
- Brakes
- Steering mechanism
- Vehicle lights
- Reflectors
- Emergency equipment
- Trailer connections
- Horn
- Windshield wipers
- Coupling devices
A DVIR must be completed for each vehicle driven in a shift. Trucking companies are also required to conduct detailed annual vehicle inspections in which large trucks are thoroughly evaluated for possible mechanical problems or defects. Your Round Rock truck accident attorney can obtain and review these inspection records to identify any maintenance failures that contributed to your accident.
Cargo Securement Requirements
Proper weight, balance, and distribution of cargo are all critical for safe trucking operations, especially in light of vehicle acceleration and deceleration. The FMCSA has strict rules regarding where cargo is placed on a vehicle and how it’s secured so that it’s unlikely to fall from the vehicle, shift during transit, or adversely affect vehicle stability.
Once cargo is secured with tie-downs or other restraints in compliance with 49 CFR 393, drivers are required to conduct periodic checks during a trip to ensure the cargo hasn’t shifted, moved, or become unsecured.
Record Keeping Requirements
Trucking companies are required to keep detailed records about most aspects of their operations, including:
- Drug testing records
- Hours of service records
- Employee hiring and training record
- Incident reports
- Accident reports
- Vehicle inspection reports
- Proof of insurance
Different records must be kept for different periods of time, ranging from 90 days for Driver Vehicle Inspection Reports to indefinitely for driver-related drug and alcohol testing reports. A skilled truck accident lawyer in Round Rock will request and analyze these critical records to build a compelling case on your behalf.
Call a Truck Accident Attorney at Dow Law Firm For Help After an Accident
Federal Motor Carrier Safety Administration regulations are in place to improve safe trucking operations and reduce the risk of accidents, injuries, and wrongful deaths. However, they’re only effective when truck drivers and trucking services take them seriously. Even minor violations can be costly, causing serious accidents in which innocent people’s lives are changed forever.
If you’ve been involved in a truck accident in Texas, it’s important to call Dow Law Firm for help. Our personal injury attorneys can investigate your case, determine if the trucking company or truck driver violated state or federal trucking regulations, and use evidence of that to help you recover compensation for your injuries, costs, and suffering.
As top-rated Texas trial lawyers with decades of experience, our team has helped truck accident victims and their families win millions. Now, our truck accident attorneys can help you explore your rights and fight for a life-changing monetary award in the wake of FMCSA trucking violations, too.
Contact our Round Rock truck accident lawyers at (512) 240-9951 or complete our online form to get started with a free case review.