Federal Trucking Regulations
Proving Negligence in Fort Worth Truck Accident Cases
Truck drivers carry a lot of responsibility on their shoulders, not only
for the cargo they are transporting, but also for the motorists on the
road around them. Commercial trucks can weigh up to 80,000 pounds loaded
to capacity, which can cause an excessive amount of damage in a
truck accident. Because of these dangers, truck drivers must follow strict federal laws
in order to keep themselves and others safe on the road.
The Federal Motor Carrier Safety Administration (FMCSA)
FMCSA is the government agency that presides over commercial motor vehicle safety
through regulation, education, enforcement, research, and technology.
This means that commercial trucking companies and truck drivers must follow
the regulations set down by FMCSA in order to continue operating. Federal
trucking regulations include everything from commercial driver’s
license requirements to training and vehicle maintenance.
Common violations of the FMCSA regulations are outlined below. If you have
been hurt in a truck accident, then speak with a Fort Worth truck accident
Hours of Service
According to the
Code of Federal Regulations, Title 49 §395.3, drivers must comply strict on-duty periods and rest breaks. To summarize,
a driver may only drive 14 consecutive hours, but can only do so after
10 consecutive hours off duty. During that 14-hour driving shift, drivers
may only drive a total of 11 hours (the remaining time must be spent resting).
Drivers must take a break if more than 8 hours has passed since the end
of their last off-duty period or sleeper-berth period of at least 30 minutes.
Truck drivers who violate these hours-of-service regulations can become
fatigued, which studies show to be just as dangerous as driving under
the influence. If you were hit by a
tired truck driver, then a trucking accident lawyer can help you get compensation.
There are a number of different regulations regarding how to properly load
a truck, how much it can weigh depending on the type of truck and the
number of axles it has, how to properly tie down cargo, and how to properly
load and transport oversized cargo. Violation of these regulations can
lead to spilled cargo, brake failure, runaway trucks, and a number of
Failure to Maintain
FMCSA also regulates how commercial trucks should be regularly inspected
and maintained. Without proper inspections and maintenance, dangerous
problems could be overlooked or ignored, which can then lead to a breakdown,
blowout, or other mechanical failure that causes a truck accident.
Inadequate Truck Driver Training
It goes without saying that commercial truck drivers should know how to
do their jobs. Trucking companies can be held liable for a truck accident
if it can be proven that the truck driver did not receive proper education
and training before stepping behind the wheel. Similarly, the truck driver
can be held liable if it can be proven that he or she was driving without
a valid commercial driver’s license and or other required training.
Contact a Truck Accident Lawyer in Fort Worth
Act quickly if you have been in a truck accident by calling the
Law Office of James M. Stanley. Our
personal injury firm has served the Fort Worth area since 1976.
Contact us today to receive a
free case evaluation and find out what legal options are available to you!