Federal government agencies such as the Federal Motor Carrier Safety Administration work vigilantly to research the causes of truck accidents and ways to improve safety for truckers and other motorists on the road. While the safety requirements have doubtlessly saved many lives and prevented or reduced the severity of accidents, the increased traffic on the roads today and the size and weight of modern trucks mean that federal regulations have not been able to eliminate injuries from truck accidents in Tallahassee.
However, the regulations can actually make it both easier and more difficult for truck accident victims to recover compensation. To understand why, it is important to understand these regulations, the basis for truck accident claims, and how successful attorneys work to recover compensation for those who suffer devastating injuries.
Types of Federal Trucking Regulations
Some trucking regulations are geared toward safety, while others are designed to regulate interstate commerce. For our purposes, we will just examine a few of the major regulations that pertain to safety. In many cases, the regulations apply not only to tractor-trailers on the interstate highways but also to trucks such as:
While the majority of trucks on the road in Tallahassee are commercial vehicles, trucking regulations often apply to private vehicles as well.
Limits on Hours Drivers Can Operate
Because driving while fatigued can be just as dangerous as driving under the influence of drugs or alcohol, federal regulations set limits on how many hours a commercial driver can operate without taking a long off-duty break. Drivers hauling freight (as opposed to bus drivers transporting passengers) are required to take a 30-minute break after eight hours of driving. In addition, they are allowed to drive no more than 11 hours before they are required to take a break of at least 10 hours, and they cannot drive beyond the 14th consecutive hour after ten hours off duty. So even if a driver takes breaks, they still must have a long period of rest before driving again. The law also sets limits on how many days a driver can operate before needing to take at least 34 hours off duty.
Training Requirements and Operating Standards
Federal laws also require drivers to have additional training and certification to obtain a commercial driver’s license to operate certain types of vehicles or drive in certain situations.
In addition, the laws set higher standards for those operating commercial vehicles. For instance, although drivers of private vehicles are generally allowed to operate after drinking alcohol as long as their blood alcohol level is below the .08% level, the level is lower for drivers with a commercial driver’s license.
Driving Log Requirements
Commercial truck drivers are required to log their activities while working, including breaks taken and results of inspections. Many commercial vehicles are now set up to record information automatically to comply with requirements.
Inspection Requirements
One of the most important sets of federal requirements involves inspections of vehicles. Regulations require drivers or other truck company employees to ensure that equipment is working properly at intervals. This includes:
- Lights
- Brakes
- Windshield wipers
- Mirrors
- Engine components
If any component of the vehicle is not operating correctly, operators are required to file a report and take corrective actions. However, drivers under pressure to stay on schedule can be tempted to skip inspections or ignore problems.
Size Restrictions
Federal rules set limits on the length and weight of vehicles, and these can set restrictions on when and how a truck can operate. For example, if a truck has more than three axles, it generally must operate only in the right lanes at a speed of no more than 55 miles per hour. In addition, if a tractor-trailer exceeds 65 feet in length or weighs more than 80,000 pounds, it may not be permitted to operate or be required to operate with special assistance, such as protective signage, lights, and spotters.
If a truck exceeds the limits or operates without required protections, it can put those in other vehicles at serious risk of injury.
How the Regulations Impact Truck Accident Claims
To succeed in a lawsuit or obtain a fair settlement for injuries suffered in a truck accident, attorneys representing the victim generally need to establish that someone was negligent or reckless. A showing of negligence requires proving that:
- The person alleged to be negligent owed a duty of care to the victim
- The person alleged to be negligent failed to fulfill that duty and didn’t act with reasonable care
- The failure to act with reasonable care caused the truck accident
- The truck accident caused injuries to the victim
Usually, the most difficult aspects of an injury claim are demonstrating that the responsible person didn’t act the way they should have and that if they had acted appropriately, the accident and injuries would not have occurred.
When an attorney can show that a truck driver or trucking company did not follow the safety procedures required by federal regulations, that can be straightforward proof of a failure to act with reasonable care. It makes one step in the process easier. So, federal regulations can make it easier to demonstrate liability and recover damages in a truck accident claim.
However, sometimes, federal regulations can make it more difficult to demonstrate negligence. If the driver or trucking company complied with safety requirements related to the cause of the accident, an attorney may need to present expert testimony or other evidence to show why the company or driver should have done more to keep others on the road safe.
Find Out Whether Federal Regulations Can Make it Easier for You to Recover Damages After a Truck Accident
If you were injured in a truck accident, you may be entitled to compensation for not only economic losses such as medical bills, lost wages, and future needs, but you can also receive damages to offset your pain, suffering, and other effects on your life. These intangible effects are often compensated more highly than economic losses.
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