What happens if a truck driver violates driving regulations?

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Just like all drivers on the road are required to follow traffic laws, truck drivers are legally required to follow certain driving regulations for truck drivers that govern the commercial trucking industry. The Federal Motor Carrier Safety Administration Regulations (FMCSA) are regulations for truck drivers that keep people, property, and our environment as safe as possible and reduce accidents.

Truck drivers can easily violate the FMCSA regulations. When a regulation is violated and an accident happens, the truck driver and/or the trucking company can be held liable for damages that were caused by the violation. Truck accident lawyers commonly cite regulation violations as a source of negligence and fault in order to collect damages for the victims of the accident.

Truck accidents can be damaging, complex, and confusing. If you’ve been in a truck accident where a truck driver has violated commercial trucking regulations, Mike Rafi can help. Get a free consultation with a truck accident lawyer who knows how to win against insurance giants – call 404-948-3311 or send Rafi Law Firm a message now.

How Commercial Trucking Regulations Work

When driving a commercial truck, a truck driver must follow the aforementioned rules and regulations by the FMCSA. These driving regulations for truck drivers encompass everything from specific driving rules to cargo specifications, vehicle inspections, hiring processes, and more. They include factors like a lower blood alcohol concentration (BAC) level of .04%, certain weight limits, rules surrounding hours of service, driver screenings, and more. 

Truck drivers are also required to document many additional things to show that they are following the FMCSA regulations, including hourly logs and weigh-in information. Since there is a long list of detailed rules and regulations that truck drivers and their respective employers or clients must follow, regulations can play a key part in truck accident cases.

Truck Accidents and Truck Accident Investigations

Truck accidents can happen due to driver errors, such as reckless driving, driver fatigue, poor judgment, driving in hazardous weather conditions, or distracted driving. In some cases, truck drivers work on an extremely tight and stressful schedule that pressures them to drive at higher speeds, work longer hours, and break rules and regulations. 

A truck accident investigation is much more complex and involved than a car accident investigation. There are many more items that investigative parties will look into to determine fault and whether or not the truck driver is violating any FMCSA regulations. 

The investigative parties will be looking at more than physical damage – they will look into the truck driver’s black box, electronic control module (ECM), or event data recorder (EDR), which will reveal a whole host of information, such as:

  • GPS location
  • Whether or not a seatbelt was worn by the driver
  • Monthly or daily driving activity
  • Brake pressure
  • The driver’s speed right before the crash happened
  • Communications between the truck driver and the trucking company

Information found in this area of the truck must be saved or downloaded to preserve evidence for the case. In addition to the black box, truck accident investigators will review weight, hourly logs, and other related information. Documentation and black box information will also be compared, and any inconsistencies or clear violations of regulations will be documented and used against the at-fault party to pay for damages that occurred from the accident.

Common Damages to Claim After a Truck Accident

When you are less than 50% at fault for a truck accident, you can pursue a legal claim against the liable party, although your total compensation will be reduced by the amount of fault you bear for the accident. You may be wondering “What damages can I recover in a truck accident case?” Here’s a quick summary. 

Common damages that victims claim in truck accident lawsuits include but are not limited to:

  • Medical expenses
  • Lost wages and future wages
  • General damages, such as pain and suffering, mental trauma, and more
  • Wrongful death
  • Property damage

If you’ve experienced one or more of these damages, it’s absolutely critical to have proper evidence to support your claims, and some of the strongest evidence can come from driving regulation violations. Regardless of the type of evidence, one must prove the negligence or wrongful action(s) of the liable party to win compensation. 

Since truck accident lawsuits can include large trucking companies and insurance firms, your best bet in winning justice for your losses is hiring a leading truck accident lawyer with a strong history of success like Mike Rafi. Check out our recent successful case results to get an idea of what we can do for your case.

Schedule a Free Truck Accident Consultation Today

Whether you have questions about truck driver rules and regulations or you’ve been in a truck accident and need help collecting damages for your losses, Mike is here to help. Let’s discuss your case and plan your best path forward. Get your free, no-obligation consultation by calling 404-948-3311 or sending Rafi Law Firm a message now.

2021-01-05T09:44:12-05:00