Federal FMCSA Regulations of Commercial Trucking: Impact on Truck Accident Claims

FMCSA Safety Rules and Semi-Truck Crashes in Illinois and Indiana

Overseen by the Federal Motor Carrier Safety Administration (FMCSA), the commercial trucking industry in this country is required by law to obey federal regulations. These national safety laws apply both to the trucker as well as the trucking companies (think carriers, fleet operators, etc.). See, Commercial Truck Crashes: FMCSA’s New Study Because of Rising Number of Fatal Semi-Truck Accidents.

FMCSA regulations are designed to keep both the truck driver and rig occupants safe as well as all those sharing the road with them. They are detailed. Found within the Code of Federal Regulations (“CFR”) they have requirements for things like: (1) driver’s time operating the truck (driving time); (2) the weight of the motor vehicle before it is driven on our roads; (3) what cargo can go on what roads (think hazardous materials, or extra-wide/heavy loads); (4) how that cargo is secured; (5) vehicle maintenance; as well as things like (6) driver training; and (7) testing for drug or alcohol use of all those driving these huge behemoths throughout Illinois and Indiana.

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Almost all big rigs and commercial trucks come under the regulatory authority of FMCSA. The only exceptions to this general rule are those who are in no way involved with interstate activities, or who are outside of other parameters such as not having a gross vehicle weight rating exceeding 10,001 pounds, or not being designed to transport more than 15 passengers. For instance, a dump truck owned by a local Illinois construction supplier that never leaves Cook County may be outside of federal oversight with its actions controlled by state statutes and local ordinances (an “intrastate” operation).

When there is a serious or fatal truck crash in Illinois or Indiana, expert truck accident investigators as well as legal advocates will consider the details of the crash and compare the event to these federal motor carrier safety regulations. The extent of compliance, or the lack thereof, can be very important to anyone injured in a commercial truck crash, in a variety of ways.

FMCSA Regulations That Impact Commercial Truck Accidents on the Roads of Illinois and Indiana

Each semi-truck crash case is unique, and trucking safety regulations are extensive. Causation can take weeks or months to determine. However, in many instances, catastrophic truck accidents will usually be found to have violations of FMCSA regulations that include:

1. Hours-of-Service (HOS) Rules

Hours-of-service regulations (“HOS”) for commercial truck drivers are found in 49 CFR part 395. They are divided by FMCSA into (1) property-carrying drivers and (2) passenger-carrying drivers. These are safety requirements that limit how long drivers of commercial motor vehicles can drive before they must stop and take a break from being behind the wheel. The goal, of course, is to fight against drowsy driving and driver fatigue, which is well-known to cause serious accidents because of things like mental distractions, lower reaction times, etc.

For more, read: American Trucking Association tells FMCSA Electronic HOS Devices for Truck Drivers Okay With ATA.

2. Electronic Logging Devices (ELDs)

Federal regulations regarding electronic logging devices (“ELDs”) are found in 49 Part 395 Subpart B. Essentially, the ELD requirement demands that truck drivers use automation that tracks their driving time; hours the engine is turned on; miles the truck is driven; and the movement of the vehicle. This technology replaces the old school paper logbooks that truckers used to keep. The gizmos have to be made according to certain regulatory specifications, certified, and registered with FMCSA.

The reason for ELDs is to fight against truck crashes caused by failures of drivers to comply with the current HOS Rules, causing a crash. It may also provide clues to failures of the vehicle itself. Reviewing data from an ELD pulled from a truck crash can provide all sorts of information to accident reconstructionists searching for reasons behind the tragedy.

For more, read: Fatal Semi-Truck Crashes and ELDs: Study Shows an Increase in the Number of Truck Accidents.

3. Securing Cargo and Load Weight Limits

FMCSA cargo securement regulations are itemized in 49 CFR 393 Subpart I. These safety mandates apply by definition to “trucks, tractor trailers, semitrailers, full trailers, and pole trailers.” 49 CFR §393.100(a).

For these types of motor vehicles, their cargo has to be safe from any kind of movement during transport. Things like shifting while on the road; stuff falling within the trailer; or things literally coming loose and falling into the roadway as the truck rumbles along (creating hazards) can all be the reason for horrific and often fatal truck crashes. The regulations try to protect against these types of accidents with demands for reasonable and proper use of straps; chains; etc. that contain, immobilize, and secure the cargo while it is on the truck.

Similarly, there are also FMCSA regulations that establish the maximum weight for cargo (depending upon the size of the rig) as well as the size of the load that can be carried (again, different trucks have different rules). Pursuant to 29 CFR Part 658, using the “gross vehicle weight rating” (“GVWR”), the maximum weight for motor vehicles is 80,000 lbs. of gross vehicle weight. There may be special circumstances here. Overweight and oversized loads may be allowed with special permits.

Trucks with moving cargo loads or vehicles driving along roadways that are too wide or too heavy put not only the trucker at risk, but all those around them on their trip from a serious motor vehicle accident.

For more, read: Extra Heavy Duty Highways in Northwest Indiana and Risk of Truck Accidents and Shifting Loads and Unstable Cargo: Dangerous Causes for Semi-Truck Crashes.

4. Truck and Trailer Inspection, Repair, and Maintenance

FMCSA regulations include consideration of the motor vehicles themselves, both the truck and the trailer. In 49 CFR Part 396, it is the duty not only of the truck driver, but the officers, agents, representatives, and employees of a motor carrier and intermodal equipment provider who are “directly concerned” with the inspection or maintenance of the vehicle or the equipment to make sure it is road-worthy before the driver gets behind the wheel and drives away. 49 CFR §396.1(a),(b).

There must be routine and organized inspections. Things must be maintained. Things must be repaired or replaced as needed to keep everyone safe. This includes parts and accessories. Records are required to be kept to document what was done, when it was done, and why, as well as confirming things like annual inspections by experts have been done to make sure the vehicle meets federal minimum safety requirements.

Of importance, the truck driver has a duty to make an inspection before driving (“pre-trip”) looking for any dangers especially in high-risk parts like brakes, tires, and lights. Cargo must be secure.

Some of the most horrible truck crashes in Illinois and Indiana have been confirmed to be the result of faulty parts or failed accessories on a large commercial truck. Bad brakes or blown tires on a big rig are extreme dangers that can cause multiple fatalities in a truck accident.

For more, read: Heat and Tires: Summer Heat and Fatal Crashes Caused by Tire Blowouts; and Fatal Truck Crashes and Semi Truck Brake Failures.

Truck Crash Accident Claims in Illinois and Indiana: FMCSA Regulatory Violations

For anyone involved in a serious truck accident in Illinois or Indiana, there is a legal right to independently investigate the reasons for the truck crash. If accident reconstruction experts, working with legal advocates, determine that FMCSA regulations have been violated or disrespected, then there may be personal injury claims for damages available under the law against one or more companies or individuals.

Federal standards under these safety regulations may form the basis of legal evaluations of the conduct of several defendants. In some situations, evidence may reveal that a company or carrier has a history of ignoring FMCSA regulations, and this may establish even greater legal liability as a cavalier pattern of wrongdoing is confirmed.

These crash victims and their loved ones may have legal claims to assert that are independent of any worker’s compensation filing with their employer. Several defendants may be involved, and monetary damages available not only to the accident victim but to their family members, too.

For more, read:

FMCSA regulations are frequently foundations to liability claims in many severe truck crash matters in Illinois and Indiana. Their importance cannot be underestimated not only in keeping our roads safe, but in helping truck crash victims find justice in the event of a truck accident. Please be careful out there!