5 Trucking Industry Regulations That Can Affect a Personal Injury Claim

 Posted on September 17,2021 in Personal Injury

If you have been injured in a collision with a large commercial truck, you may need all the help you can get to recover compensation for your extensive medical expenses and other damages related to your injuries. In these cases, it is important to look into the actions of not only the truck driver, but also the company that employs them. An experienced truck accident attorney who is well-versed in trucking industry regulations can help you hold all of the negligent parties accountable. Here are some of the most common Federal Motor Carrier Safety Administration (FMCSA) regulations that can affect the outcome of a personal injury claim.

1. Hours of Service Regulations

Hours of service regulations limit a truck driver’s hours on duty and on the road, on both a per-shift and weekly basis. They also require drivers to keep detailed logs of their hours. If there is evidence that a driver or their employer violated these regulations, it may be possible to demonstrate that fatigue and impaired driving abilities contributed to an accident and the resulting injuries.

2. Drug Testing Regulations

Trucking companies are required to test their drivers for controlled substances during the hiring process, after certain accidents, and randomly throughout the year. If there is evidence of a truck driver’s intoxication leading to an accident, their employer may also be liable if company records indicate a failure to follow drug testing regulations.

3. Handheld Cell Phone Regulations

Truck drivers are prohibited from using a handheld cell phone while operating their vehicles, including texting, making calls, or using the phone for other purposes. Trucking companies are also prohibited from requiring or allowing this behavior. If evidence indicates that distracted driving was a factor in an accident, both the driver and their employer could be held accountable.

4. Cargo Securement Regulations

Before a truck driver can begin a shipment, the cargo must be properly loaded, distributed, and secured to withstand the forces of driving. Improperly secured cargo can shift in transit, causing a truck driver to lose control and the vehicle to overturn. Injured bystanders may have a claim for compensation from the driver, the trucking company, and negligent loading crew members.

5. Maintenance and Inspection Regulations

Commercial motor vehicles must be regularly maintained to ensure they are safe for the road, and drivers must complete a thorough inspection of the vehicle before each trip to identify any hazards. When the failure of a vehicle part is a contributing factor in an accident, maintenance and inspection records may reveal lapses that can serve as important evidence in a personal injury claim.

Contact a Lombard Truck Accident Attorney

After a truck accident, it is important to get in touch with an attorney as soon as possible. At Mevorah & Giglio Law Offices, we can promptly investigate the circumstances of the crash to identify important evidence and ensure that it is preserved. We can also represent you in settlement negotiations or litigation with a large trucking company to ensure they are held responsible for violating regulations and putting you in harm’s way. Contact us today at 630-932-9100 for a free initial consultation with a DuPage County personal injury lawyer.