Federal regulations affect all aspects of truck accident lawsuits in Chicago, Illinois, from liability determination to the amount of recoverable damages. These regulations govern trucking company operations, driver conduct, cargo loading, and motor vehicle maintenance. Knowing and carefully navigating these rules can help you build a robust case that establishes the liability of all the involved parties and obtains maximum compensation.
Federal regulations introduce unique legal issues into truck accident cases. So, it’s wise to work with an experienced truck accident lawyer to help you identify laws and factors relevant to your case. The lawyer can also determine violations that require the input of an expert witness.
At Ankin Law, our accomplished truck accident lawyers can explain the role federal regulations play in truck accident lawsuits. Call us today at 312-600-0000 for legal help.
Current Federal Regulations in the Trucking Industry
The Federal Motor Carrier Safety Administration (FMCSA) sets regulations for nearly all aspects of the trucking sector. These regulations seek to prevent accidents and ensure road safety. Current federal rules include:
Hours-of-Service (HOS) Rules
The HOS rules specify the maximum hours a driver can stay behind the wheel. These rules seek to prevent accidents caused by insufficient sleep and fatigue. A trucker transporting property must spend 10 hours off duty after driving for 11 consecutive hours. The trucker must take a 10-hour break after driving for 14 consecutive hours.
The trucker cannot stay behind the wheel for up to 60 hours in seven straight days, or up to 70 hours in eight consecutive days. The trucker must remain off duty for 34 or more hours before resuming the 7/8 consecutive driving period.
A 30-minute break is compulsory after driving for up to 8 hours. This break must be 30 straight minutes of not driving.
Truckers carrying passengers have fewer maximum allowable hours of driving than those transporting property.
Electronic Logging Device (ELD) Requirement
This federal trucking rule seeks to ensure trucking companies and their drivers are complying with the HOS regulations. ELD automatically logs driving duration, truck movement, miles covered, and location details. It allows truckers to operate in a safe work environment. It also ensures easier monitoring, management, and sharing of records of duty status (RODS) information.
Commercial Driver’s License (CDL) Regulations
Federal rules on CDL are designed to ensure truckers have the skills and knowledge to drive huge motor vehicles safely. These rules outline conditions for acquiring a CDL, including completing a knowledge-based test and an on-road driving test in a vehicle the driver expects to drive.
CDLs exist in several classes, with each permitting the holder to operate different types of motor vehicles. CDL holders can get specific endorsements allowing them to drive different vehicles. A Class H endorsement, for instance, allows a CDL holder to operate a truck carrying hazardous materials.
Vehicle Standards
FMCSA rules set the gross vehicle weight at 80,000 pounds and limit single-axle and tandem-axle vehicles at 20,000 pounds and 34,000 pounds, respectively. Compliance with these standards helps prevent accidents and preserve the integrity of roadways and bridges within the state.
Secure Cargo Rules
These rules require trucking companies to ensure cargo on their truck is properly fastened to avoid leaks, spills, or falls during transportation. The rules specify the least strength requirements for the items used to hold cargo tightly in place. They also outline guidelines for securing various kinds of commodities.
Insurance Requirements
Trucking companies must carry insurance coverage to deal with liability and compensation resulting from accidents. The type of cargo and level of risk posed by its transportation determines the minimum coverage requirement.
General freight vehicles must carry a minimum liability coverage of $750,000. Vehicles transporting passengers, on the other hand, must carry minimum liability coverage of $5,000,000, which drops to at least $1,500,000 for vehicles transporting 15 or fewer passengers.
Inspection and Maintenance Requirements
Federal regulations require regular truck inspection and maintenance to prevent accidents. Drivers have 24 hours to deliver roadside inspection reports to their employers. This is especially true if the vehicle is considered ‘out-of-service’ because of safety concerns. Drivers must also submit Driver Vehicle Inspection Reports every day. The report should highlight defects and flaws in the truck.
A periodic truck inspection of at least once a year is compulsory for all trucks. The FMCSA requires trucking companies to hire qualified inspectors and keep evidence of the qualifications.
Compliance With Federal Regulations
Federal regulations cover trucking companies, truck operators, and commercial trucks that carry cargo or people from one state to another. They operate whether the trucks are owned, rented, or borrowed. They also apply to trucks operated without a load or a passenger.
Compliance with federal regulations allows safe and responsible operation on the road, ensuring safety. Noncompliance carries harsh penalties for trucking companies and their drivers.
A trucking company may have to reach a settlement agreement with FMCSA, which may involve paying a fine and agreeing to take corrective measures. In a worst-case scenario, the agency may order the suspension or revocation of the company’s operating authority registration.
Non-complying truck drivers may lose their jobs. They may be required to pay fines. Their commercial driving license may also get suspended or revoked, depending on the seriousness of the violation.
Violations of federal regulations can expose trucking companies and their drivers to lawsuits from victims of truck accidents resulting from those violations. Proof of FMCSA violations, for instance, can help you hold a trucking company liable for the actions of its drivers and its own negligent actions.
Initiating a truck accident lawsuit can help you discover a history of present and past violations that offer proof of a pattern of negligent behavior. You can achieve this through the discovery phase of your lawsuit.
Violations can offer proof of negligence that may have contributed to the accident. Failure to conduct regular inspections and maintenance can, for instance, lead to a mechanical failure that can contribute to an accident. Likewise, a driver who fails to follow the hours-of-service rules could be driving while fatigued. This violation may have contributed to your accident, as operating a vehicle while fatigued slows a driver’s response time and capacity to pay attention to the road.
What Are the Challenges of Proving Federal Regulation Violations in Truck Accident Lawsuits?
Federal regulation violations help demonstrate liability and back up a claim for damages. Proving federal regulation violation is difficult due to the following reasons:
Trucking Companies Have Substantial Resources to Conduct Investigations and Fight Litigations
Trucking companies know their truck operators are likelier to get into crashes due to the high number of hours they spend behind the wheel and the many miles covered by their vehicles. As such, they set aside financial resources to fight litigations that may arise in the event of truck accidents.
They also have a rapid response team. This team can quickly get to the truck operator to guide him or her on steps to take to avoid or reduce liability. He or she can also interview witnesses and gather accident scene evidence to build a strong defense strategy.
Getting a truck accident lawyer involved as soon as possible can help safeguard your rights and maximize your compensation. The lawyer will guide you on what to do after a truck accident to protect your health and preserve evidence.
Evidence Manipulation and Destruction
Federal trucking regulations require truck drivers and their employers to maintain records and preserve documentation. It is not uncommon for evidence to conveniently disappear to avoid or weaken litigation.
Truck drivers may manipulate or falsify their logbooks to ensure compliance with the federal rule requiring them to keep a record showing the hours spent driving. A seasoned truck accident lawyer knows the type of evidence that can expose this illegal practice. This evidence includes black box data, GPS data, phone call records, and receipts for fuel refills, tire repair or replacement, or accommodation.
Adoption of New Technologies in the Trucking Sector
Trucking companies have adopted technologies like fleet tracking, dash cams, adaptive cruise control, and mobile logging to keep track of their drivers and trucks. Interpreting data from these devices and software can be challenging for someone unfamiliar with driving regulations.
Your lawyer can consult professionals to interpret the data and identify relevant evidence to strengthen your truck accident case. The lawyer can also advise you on what to expect in your 18-wheeler accident lawsuit so you can get a better insight into the challenges you might encounter, how long the case might take, and possible outcomes.
Ankin Law is your go-to law firm if you were harmed in a truck accident and suspect federal rules were violated. Our truck accident lawyers are on standby to offer you a free case review. Once we take on your case, you will not pay any fee unless you win. Contact us today for professional and personalized legal representation.
