Federal Motor Carrier Safety Regulations

The trucking industry is highly regulated, with almost every aspect covered by federal regulations. As a truck accident lawyer, when truck drivers and truck companies do not comply fully with these regulations, I use such non-compliance in seeking to prove liability and damages.

It is, however, critical for your cases that I and our firm get started with your case as soon as possible after you accident.  A delay in time can mean that important evidence to your case may be lost, destroyed, or severely compromised, which could significantly affect your chances of recovery.

Motor Carrier Act

In 1935, Congress enacted the Motor Carrier Act due to the hazards presented by large commercial trucks operating on our highways. As a result of this Act, an Interstate Commerce Commission created the Federal Motor Carrier Safety Regulations (FMCSR).

The FMCSR consist of regulations, laws, and rules to promote motor carrier safety on the highways. The policy of the Act is

“to encourage each state to enforce uniform motor carrier safety and hazardous materials regulations for both interstate and intrastate motor carriers and drivers. The requirements for compliance with safety standards in one state should be compatible with the requirements in another state.”

It is required that everyone involved in or around a tractor-trailer be familiar with the Federal Motor Carrier Safety Regulations. The trucking company is responsible for teaching its drivers, maintenance crew, and dispatchers the requirements and prohibitions of the FMCSR.  Each and every trucking company driver and employee must be familiar with all the regulations.

The FMCSR sets forth the minimum standards for operating a tractor-trailer. There can be higher standards, but never lower standards.

Truck Driver Fatigue

Truck driver fatigue is a major factor in truck accidents.  As a result, the FMSCR sets forth Hours of Service Rules that must be complied with.  The rules are designed with the goal of eliminating truck accidents cause be driver fatigue.

Other FMCSR Rules

While the FMCSR rules are comprehensive, in addition to the rules designed to prevent truck driver fatigue, there are other important rules which should be noted.

The FMCSR also prohibits the use of alcohol by a truck driver. The FMCSR provides that:

“no driver shall use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle.”

The regulations also address pre-duty and on-duty use of alcohol; after accident use of alcohol; and testing procedures.

Furthermore, the FMCSR prohibits the trucking company from scheduling the delivery of cargo that would force the truck driver to speed to meet the schedule.

Non-Compliance with FMCSR Can Be Important in Proving Liability

Noncompliance with FMCSR liability is only one aspect of our investigation.  If you have been injured in a car accident caused by a commercial truck, please contact me at your earliest convenience.  We will represent you on a contingency fee basis (no fees for us unless we win for you).  It is important that you contact our office as soon as possible so that we can work to ensure that valuable evidence to your case is not damaged or lost.

Call Us to Find Out How We Represent Clients to the Full Extent of the Law in Seeking Recovery For Them

If you have been injured, or a family member has been killed, as a result of the negligent or reckless acts of another, you deserve to have an attorney who will fight hard to obtain for you the full measure of damages that you are due under the law.  I will take on this fight.

You will not owe us any fees unless we recover a verdict or settlement for you.


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