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Federal regulations can significantly impact truck accident lawsuits. Violations of these rules may constitute evidence of negligence and implicate multiple liable parties. Federal trucking regulations also require the use of electronic logging devices, vehicular “black boxes,” and employment documentation, all of which can serve as powerful evidence for the injured party.
Jainchill & Beckert, LLC, provides this guide to explain how federal regulations impact truck accident lawsuits, what constitutes a violation of these rules, and what you should do when these violations cause you harm.
What Commercial Truck Operations Does the FMCSA Regulate?
The Federal Motor Carrier Safety Administration (FMCSA) is a federal agency that creates and enforces nationwide safety regulations for commercial motor vehicles that travel across state lines. FMCSA rules apply to:
- Truck companies
- Commercial truck drivers
- Vehicle owners
- Other entities involved in commercial transportation.
These regulations are intended to prevent crashes and reduce injuries and fatalities involving large trucks and buses. Federal trucking regulations set rules regarding the following:
- Training, safety, and operational fitness
- Driver and instructor qualifications
- Driver hours
- Inspection, repair, maintenance, and required parts and accessories
- Use of cell phones and other devices while driving
- Drug and alcohol testing in the workplace
- Hazardous material transportation
- Insurance requirements.
Violations of these rules can result in serious accidents with life-altering consequences. They can also lead to liability in a personal injury claim.
Does Connecticut Have Any Additional State Regulations for Trucking Companies?
Connecticut enforces federal trucking regulations and imposes additional legal requirements for commercial vehicles. For example, state laws:
- Require commercial drivers to obtain and maintain a commercial driver’s license (CDL)
- Have stricter blood alcohol concentration limits for commercial drivers
- Prohibit hand-held phone use while driving commercial vehicles
- Conducts state-level inspections and compliance reviews.
Breaking any of these trucking rules may strengthen liability arguments in a truck accident case. An experienced truck accident lawyer at Jainchill & Beckert, LLC, can investigate the accident to determine whether any party violated state laws and trucking regulations.
What Are Common FMCSA Violations?
FMCSA violations occur frequently across the trucking industry. Common violations include:
- Operating with a suspended or revoked commercial license, license restriction violations, or improper vehicle class
- Not having an accident register on file
- Record of maintenance violations, outdated registration information
- Driver qualification violations, failing to make required employee files, not performing required checks, falsifying records, and hiring unqualified drivers
- Using a hand-held device while driving
- Equipment violations, including not having the right lights or a fire extinguisher, and not conducting periodic inspections
- Records falsification, not maintaining the correct logbooks, and incomplete information
- Maintenance violations
- Drug and alcohol testing failures, including in pre-employment, random testing, and enforcement
- Improper transport of hazardous materials, placarding violations
- Failing to carry insurance.
Whether the accident involved an Hours of Service (HoS) violation, lack of drug and alcohol testing during hiring, irregular maintenance schedules, negligent cargo loaders, or any other breach of FMCSA rules, the trucking company and multiple other parties may bear responsibility for the damage they’ve caused.
What Evidence Can Prove Trucking Regulation Violations?
Truck accident cases depend heavily on substantial evidence. A skilled truck accident attorney will seek the following when seeking to prove negligence:
- Witness statements
- Truck inspection and vehicle maintenance records
- Tests, accident reconstruction
- Electronic data recorders
- Driver logs
- Record requests, record reviews
- Drug and alcohol testing results
- Admissions from the trucking company
- History of violations and citations.
The evidence in truck crash cases makes these cases unique and often challenging. A seasoned truck accident attorney at Jainchill & Beckert, LLC, will know how to preserve, obtain, and analyze black box data, electronic data logs, and maintenance reports to identify regulation violations and hold the at-fault parties accountable.
Is a Violation of FMCSA Regulations Considered Negligence?
Violations of state and federal safety regulations can constitute substantial evidence of negligence. When a trucking company, driver, maintenance provider, or cargo loader violates FMCSA regulations and state laws designed to protect the public, that violation may help establish fault.
In many cases, regulatory violations support claims of negligence per se, which means the law automatically presumes negligence when a defendant clearly violates a safety law and causes harm.
Who Do You See If a Violation of Trucking Regulations Led to a Truck Accident?
One of the first things you should do after a truck accident causes you harm is contact an experienced personal injury attorney. Trucking companies and insurers act quickly to protect themselves, and you should do the same.
An experienced truck accident attorney can help you by:
- Investigating and gathering evidence – Your legal team will launch an immediate investigation to identify all liable parties and begin gathering the evidence needed to hold them accountable.
- Working with experts – Your attorney will work with accident reconstruction specialists, medical professionals, and financial professionals who can provide powerful testimony to support your claim.
- Calculating compensation – It’s easy to leave money on the table if you don’t have a seasoned attorney to assess the full value of your claim.
- Dealing with insurers – Insurance companies will attempt to minimize your payout in any way they can. Your attorney will handle all communications with them to protect your rights.
- Negotiating and litigating – Your attorney will advocate aggressively on your behalf, whether at the negotiating table or in the courtroom.
How Long Do You Have to File a Trucking Accident Lawsuit in Connecticut?
Under Connecticut law, you typically have two years from the date of your injury to file a truck accident claim. Missing this deadline may result in the loss of your right to recover compensation.
Two years may seem like plenty of time, but it moves quickly. The sooner you pursue your claim, the stronger your case can be. Evidence can be lost or destroyed, witness memories can fade, and insurance companies may employ stalling tactics. For these reasons, you should not wait to take legal action.
Contact a Connecticut Truck Accident Lawyer
When a truck accident turns your life upside down, you need a skilled attorney to protect your rights. The team at Jainchill & Beckert, LLC, offers over 55 years of combined legal experience representing Connecticut residents in personal injury claims. In that time, we’ve recovered millions in settlements and verdicts on behalf of clients like you.
Our team understands how federal regulations impact truck accident lawsuits, and we know what it takes to build a compelling claim. We will fight for the accountability and full and fair compensation you deserve while you focus on recovery. Contact us today to receive a free consultation.
