Because of their incredible size, semi-trucks and buses can cause a proportionately large amount of harm. The Federal Motor Carrier Safety Administration rates and enforces federal trucking regulations to help limit the risk to the public. These rules include restrictions on the number of hours a driver can work during a specific period of time and requirements for people to perform routine safety checks.
West Law Firm Personal Injury Lawyers has over 80 years of experience fighting for those who are hurt by commercial vehicles. We take steps to keep up with the latest federal trucking regulations, which equips us with the necessary knowledge to help our clients. When a negligent truck driver or company makes an error that costs you, South Carolina law may empower you to take legal action against them.
Instead of going through this process alone, reach out to our capable and seasoned lawyers.
Overview of the FMCSA and Its Role in Regulating the Trucking Industry
The Federal Motor Carrier Safety Administration is responsible for making sure people and companies follow the federal regulations for truck drivers and those who drive buses. These Federal Motor Carrier Safety regulations help keep the public and those in the trucking industry safe by restricting some of the ways truckers operate. For example, federal rules make it illegal for a commercial motorist to work over a certain amount of hours without resting unless an exception applies.
The United States government also restricts the kinds of hazardous substances that people can transport and who can do so. For example, federal law says hazmat employees should have a minimum level of training before moving dangerous materials. Truck drivers and companies should also follow the applicable state regulations, which may be stricter than the federal government.
Examples of Key Regulations That All Commercial Truck Drivers and Companies Must Follow
The FMCSA has a host of regulations designed to keep commercial motorists and passenger vehicle drivers safe. Rules the FMCSA has include restrictions on the amount of time someone spends on the road and how they secure their cargo. The FMCSA also requires those in the shipping space to regularly inspect and repair their vehicles.
Hours of service (HOS) regulations
Federal law limits how long truck drivers can be on the road without taking a break or sleeping.
The length of time the person can go without resting depends on whether they are carrying cargo or people. The type of vehicle they are driving and how long they have worked during a certain number of hours can also impact this.
Vehicle maintenance and safety standards
Part of keeping others safe while on the road involves operating a truck that is well-maintained and in working order. Federal law facilitates this by requiring commercial motorists and certain agencies to meet minimum maintenance standards. For example, someone should inspect the emergency doors and push-out windows at least once every 90 days.
Likewise, truckers should take steps to make sure their vehicle’s parts are in working order. As the Code of Federal Regulations explains, this includes the brakes, anchor points, lamps, and metal coils. The responsible party should routinely check these for cracks, defects, or other problems that may prevent them from working correctly.
Cargo securement rules
Those who transport cargo need to make sure they secure it safely and effectively. To aid with this process, the FMCSA only allows eighteen-wheelers to use cargo securement methods that pass rigorous safety tests. For example, the tool should be able to stay together and securely hold the goods even if the truck moves forward or backward with a particular level of force.
Electronic logging devices (ELDs)
As the FMCSA discusses, an electronic logging device, or ELD, is a tool that records data about a vehicle. For example, it shows the maintenance history, how many miles it has been driven, where it has been driven, and when. Additionally, the device captures contextual information — like the speed of the vehicle at different times. This data is especially important for enforcing the hours of service rules and determining fault if an accident occurs.
How Inadequate Training or Improper Licensing Can Affect Liability in Accidents
Driving a tractor-trailer is more complicated and dangerous than operating other types of vehicles. And when things go wrong, there is a much higher chance of catastrophic injuries or death to occur. Because of this, the FMCSA issues guidance about the requirements people must meet to carry a commercial driver’s license (CDL).
The FMCSA outlines the different classes of CDLs each driver can have. For example, a Class A CDL is for people who will be driving vehicles that have a gross combination weight or weight rating of 11,794 kilograms (26,001 pounds) or more.
Drivers who completely ignore these rules may increase the chance of an accident. For example, they might use turning techniques that apply to a much smaller semi instead of those for a hefty eighteen-wheeler carrying hazardous materials. In a trucking accident lawsuit, the claimant can point to these errors to help prove the other driver or the company that hired them is to blame for what happened.
The Impact of Federal Regulations on Liability and Compensation
In South Carolina, a claimant may make a demand for a settlement if they can establish that the other person or agency caused the incident. In the context of a trucking accident, that means the victim may need to have evidence of all four of the following:
- The trucker or company had a responsibility to abide by the federal and state regulations.
- The trucker or company made a significant mistake (e.g., the trucker did not have the required CDL for the class of vehicle they were driving).
- The mistake caused an accident that injured the casualty.
- The casualty experienced losses.
Whoever operates a big rig on the road may have to follow the federal and state regulations in place for that vehicle. If they do not follow the rules and a person gets hurt because of it, the trucker or their employer may be at fault. As a result, they may have to compensate the person for the losses they sustained.
Hurt in a Truck Accident? Call Our Personal Injury Team Today for Legal Help
When a careless or drunk commercial motorist slams into your vehicle and injures you, South Carolina’s liability laws may provide a way for you to move forward. Through filing an insurance or personal injury claim, you may gain access to much-deserved funds to cover the full extent of your losses. While you have every right to take on this responsibility by yourself, you may benefit from working with a knowledgeable lawyer who can adequately represent your best interests.
Since 1945, West Law Firm has had an unwavering commitment to unsuspecting injured folks who get hurt because of the thoughtless actions of others. Our Lowcountry legal team is well-versed in federal trucking regulations and can help you build a case against those who harmed you.