Trucking regulations, including Federal Motor Carrier Safety Administration (FMCSA) regulations, are in place to keep all road users safe. When truck drivers and trucking companies violate these regulations, serious accidents can happen, and accident victims may suffer debilitating injuries.
If you recently sustained injuries in an accident that resulted from a trucking regulation violation, you are not alone. The knowledgeable legal team at Shunnarah Truck Accident Lawyers can swiftly investigate your accident circumstances, determine your options, and pursue the compensation you need.
For a free case evaluation and legal consultation with a skilled truck accident attorney, please call us at (866) 721-3878 or contact us online today.
Common Types of Trucking Regulation Violations That Lead to Accidents
Trucking regulations are essential for ensuring the safety of all road users. When truck drivers and trucking companies violate these regulations, it can lead to serious accidents with devastating consequences. The most important trucking regulations cover hours of service, vehicle maintenance, and cargo loading.
- Hours of Service Regulations – One key regulation is the Hours of Service (HOS) rules, which limit the number of hours a truck driver can be on the road without taking a break. These rules are designed to prevent driver fatigue, a leading cause of accidents. When drivers ignore HOS regulations and drive for too long without rest, they are more likely to become drowsy or fall asleep at the wheel. This can result in serious rear-end collisions, head-on collisions, or run-off-the-road crashes.
- Vehicle Maintenance Regulations – Another critical area of regulation is vehicle maintenance. Trucking companies are required to regularly inspect and maintain their vehicles to ensure they are safe for the road. This includes checking brakes, tires, lights, and other essential systems. When companies neglect these maintenance requirements, trucks can suffer mechanical failures while on the road. For example, brake failures can lead to rear-end collisions, especially in heavy traffic or when the truck is traveling at high speeds. Tire blowouts can cause the driver to lose control of the vehicle, potentially leading to rollover accidents or multi-vehicle pileups.
- Cargo Loading Regulations – Cargo loading regulations are also important. Trucks must be loaded properly to avoid overloading and to ensure that the cargo is evenly distributed. Overloaded or improperly loaded trucks are at a higher risk of tipping, especially when making sharp turns or during sudden maneuvers. This can result in rollover accidents, which are particularly dangerous for other drivers on the road. In addition, if cargo is not properly secured, it can shift during transit, causing the truck to become unbalanced potentially leading to a loss of control.
- Consequences of Violations – When truckers or trucking companies violate regulations, the consequences can be severe. Accidents involving large trucks often result in catastrophic injuries or fatalities, particularly for occupants of smaller vehicles. Compliance with these regulations is not just a legal requirement; it is essential for protecting lives on the road.
Injuries in Trucking Accidents That Result from FMCSA Violations
Trucking accidents can lead to severe injuries, especially when they result from violations of FMCSA regulations. The FMCSA sets rules to ensure the safety of truck drivers and others on the road. When these rules are ignored, the risk of serious accidents — and the injuries that come with them — increases dramatically. The following are some of the most common types of injuries that can occur in trucking accidents resulting from FMCSA violations.
- One of the most severe types of injuries in trucking accidents is a traumatic brain injury (TBI). A TBI can occur when a person’s head strikes an object or is violently shaken during a collision. FMCSA violations like exceeding hours of service can lead to driver fatigue, increasing the likelihood of accidents in which TBIs may happen. TBIs can have long-lasting effects, including cognitive impairments, memory loss, and changes in personality.
- Spinal cord injuries are another common result of trucking accidents, often leading to partial or complete paralysis. These injuries can occur when the impact of a collision exerts extreme force on a person’s back or neck. A poorly maintained truck, such as one with faulty brakes, can cause rear-end collisions, leading to these devastating injuries. Spinal cord injuries require extensive medical treatment and rehabilitation, and they often have permanent consequences.
- Besides that, the impact of a trucking accident can cause fractures or broken bones, especially in high-speed collisions or when a vehicle is crushed under a large truck. These injuries can occur in the arms, legs, ribs, or pelvis, and often require surgery, casting, and physical therapy to heal. Improperly loaded cargo can contribute to these types of injuries, as this violation may cause a truck to tip over or jackknife, leading to violent impacts.
- Internal injuries are common in trucking accidents, particularly when the collision involves significant force. Damage to organs such as the liver, kidneys, or lungs can result in internal bleeding, which is life-threatening if not treated promptly. FMCSA violations like speeding or ignoring traffic signals can cause high-impact crashes that increase the risk of these injuries.
Proving That an FMCSA Violation Occurred in a Truck Accident Case
Proving that a Federal Motor Carrier Safety Administration (FMCSA) violation occurred in a truck accident case is crucial for establishing liability. The FMCSA sets safety regulations that trucking companies and drivers must follow to ensure safe operation on the roads. If truckers or trucking companies break these rules and cause an accident, it can strengthen your case.
First, it’s important to know what FMCSA regulations cover. These rules govern various aspects of trucking operations, including hours of service (how long a driver can operate without rest), vehicle maintenance standards, driver qualifications, and drug and alcohol testing. The first step in proving an FMCSA violation is knowing the specific regulation violated.
To prove an FMCSA violation, you need evidence. Start by obtaining the truck driver’s logbook, which records their driving hours and rest periods. This logbook can show if the driver exceeded the legal driving hours, which is a common violation. In addition, electronic logging devices (ELDs) can provide accurate records of the driver’s activities. If the driver was fatigued due to driving too many hours, this can be a key piece of evidence. Another area to investigate is the truck’s maintenance records. FMCSA regulations require regular inspections and maintenance of trucks. If a truck was not properly maintained and this led to an accident, the records can prove the violation.
Sometimes, you may need an expert to testify that a violation occurred. For example, a trucking safety expert can explain to the court how the driver’s or company’s actions failed to meet FMCSA standards. Their testimony can help connect the violation to the cause of the accident, making it clearer for the jury.
Once you have established that an FMCSA violation occurred, the next step is to link that violation to the accident. In legal terms, this is called “negligence per se,” which means that the violation itself is evidence of negligence. If you can prove that the violation directly caused the accident, this proof can significantly strengthen your case, making it easier to hold the trucking company or driver liable
Litigation Options in FMCSA Violation Cases
When dealing with a truck accident case involving an FMCSA violation, you have several litigation options available: settling the case, taking it to trial, or pursuing alternative dispute resolution (ADR). Each option has its pros and cons, and the best choice depends on the specifics of your case.
- Settling the Case – Settling is often the quickest and least expensive option. In a settlement, both parties agree on an amount of compensation without going to trial. This can happen before a lawsuit is even filed or at any point during the litigation process. Settling is usually less stressful and provides a guaranteed outcome, as opposed to the uncertainty of a trial. However, the compensation amount may be lower than what you can potentially receive if you win at trial. Settlements are common in FMCSA violation cases because trucking companies often prefer to avoid the risks and costs of a trial.
- Taking the Case to Trial – If you believe your case is strong and the other side is not offering a fair settlement, taking the case to trial may be the best option. At trial, both sides present evidence and arguments to a judge or jury, who then decide the case. A trial can result in a higher compensation award, especially if the FMCSA violation is severe and clearly contributed to the accident. However, trials are time-consuming and expensive. There is also the risk that you can lose the case and receive nothing.
- Pursuing Alternative Dispute Resolution (ADR) – Alternative dispute resolution includes methods like mediation and arbitration, which are less formal than a trial. In mediation, a neutral third party helps both sides negotiate a settlement. In arbitration, an arbitrator hears both sides and makes a binding decision. ADR can be faster and less expensive than a trial. It also allows for more creative solutions that may not be possible in court. However, the outcome of arbitration is binding, meaning you cannot appeal the decision if it does not go your way.
Recovering Damages in a Truck Accident Case Involving an FMCSA Violation
In a truck accident case involving an FMCSA violation, you may be entitled to compensation for various damages, depending on the extent of your injuries, the effect on your life, and the circumstances surrounding the accident. Compensation is designed to help you recover both financially and emotionally from the harm you have suffered.
- Medical Expenses – One of the most common forms of compensation is for medical expenses. This includes all costs related to the treatment of your injuries, both immediate and long-term. You can recover the cost of emergency room visits, hospital stays, surgeries, medications, physical therapy, and any future medical care you may need. If the FMCSA violation leads to serious injuries that require ongoing treatment, these future medical expenses can be significant.
- Lost income – If the accident caused you to miss work, you may be entitled to compensation for lost earnings. This covers the income you missed out on during your recovery period. If your injuries prevent you from returning to work or force you to take a lower-paying job, you can also receive compensation for loss of earning capacity. This considers the difference between what you were earning before the accident and what you are able to earn afterward.
- Pain and Suffering – Pain and suffering compensation is intended to cover the physical pain and emotional distress you have experienced as a direct result of the truck collision. This type of compensation is more subjective and can vary widely depending on the severity of your injuries and how they have affected your quality of life. If an FMCSA violation played a role in causing your injuries, it can increase the amount of pain and suffering compensation to which you are entitled.
- Property Damage – If your vehicle or any personal property was damaged in the accident, you can seek compensation for repairs or replacement. This includes the cost of fixing your car, and any other items that were damaged, like electronics, clothing, or personal belongings.
- Punitive Damages – In some cases, you may also be eligible for punitive damages. These are meant to punish the truck driver or trucking company for especially reckless or egregious behavior, such as knowingly violating FMCSA regulations. Punitive damages are less common, but they can significantly increase the amount of compensation you receive.
Contact an Experienced Truck Accident Lawyer about Your Legal Matter Today
If you sustained injuries in a recent truck accident that involved an FMCSA violation, the experienced legal team at Shunnarah Truck Accident Lawyers is ready to help. We will fight for your rights every step of the way and pursue the compensation you deserve for your losses. An experienced truck accident attorney will navigate the legal system allowing you to recover from your injuries.
For a free case evaluation and legal consultation with a skilled truck accident attorney, please call us at (205) 957-4995 or contact us online today.