There are a number of regulations at the federal level that direct how the trucking industry should operate. These laws are in place to minimize or prevent truck accidents, and related injuries and fatalities, which tend to disproportionately affect occupants of smaller passenger vehicles.
Even with such regulations in place, a number of truck drivers and trucking companies often fail to obey or willfully violate them in order to cut corners and maximize their profits. As a result, we see devastating truck accidents on our roadways that cause catastrophic injuries and fatalities.
Which Laws Are Commonly Violated?
Here are some of the important federal regulations that are most commonly
violated and lead to tragic truck accidents:
Hours-of-Service rules: The Federal Motor Carrier Safety Administration (FMCSA), which oversees the operations of commercial vehicles including large trucks, has in place hours-of-service rules, which state that truck drivers must abide by driving time limits so they don’t become fatigued while driving.
Under these rules, a truck driver may drive a maximum of 11 hours after 10 consecutive hours off duty and may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. However, we often see truck drivers violating these hours-of-service rules because they rush to meet deadlines. Some trucking companies may also turn a blind eye to such violations.
Truck drivers and trucking companies are required to maintain logs documenting their driving hours. Trucking companies are also required to keep logs about vehicle maintenance. This is important information that can help determine what caused a crash and can also potentially serve as important evidence in your case. Not maintaining proper logs is a violation of federal law.
Drug and alcohol violations: There is no question that driving a large truck while under the influence of alcohol and/or drugs can put everyone on the roadway in grave danger. While the legal alcohol limit (blood alcohol concentration or BAC) for drivers of passenger vehicles is 0.08, that number is lower for commercial truck drivers – 0.04. Trucking companies that don’t monitor drivers for drug and alcohol use are also violating the law, one that can prove costly.
Lack of training and qualifications: Trucking companies must screen their drivers by checking their driving records and verifying their credentials and can be held responsible for negligent (careless) employee hiring and retention. The FMCSA requires that all commercial truck drivers have a commercial driver’s license or CDL. This shows proper training and allows drivers to operate an 18-wheel vehicle legally. Drivers must also have an up-to-date medical examination card that shows they are medically fit to operate a large truck.
Improper vehicle maintenance: When trucking companies fail to maintain their vehicles properly, lives are at risk. Failure to repair or replace worn truck parts and tires can have devastating consequences. Truck drivers and trucking companies that fail to maintain their vehicles properly can be held liable for accidents that occur as a result of poor vehicle maintenance.
Contacting an Experienced Lawyer
Victims who have been injured in truck accidents may be able to seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased accident victims may be able to file a wrongful death lawsuit seeking compensation for damages such as lost future income, funeral costs, medical expenses, pain and suffering, etc.
If you or a loved one has been injured in a truck accident, or if you have lost a loved one in a motor vehicle accident caused by a negligent or careless driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For nearly 50 years, our skilled accident attorneys have established a proven track record of helping injured victims. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
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