Truck accident lawyers Fred Pritzker and Eric Hageman have won several truck accident lawsuit settlements and verdicts by finding violations of the Federal Motor Carrier Safety Regulations. Attorney Eric Hageman discusses these regulations and some of their cases below.
by Attorney Eric Hageman – 1-888-377-8900 (toll free)
Knowledge of the Federal Motor Carrier Safety Regulations (FMCSRs) is one of the most important factors in establishing liability in an accident case involving a commercial truck. In every trucking case we handle, we search for FMCSR violations by a trucker or his employer to show a pattern of negligent conduct or to prove negligence as a matter of law.
The FMCSRs apply to “commercial motor vehicles,” which generally means any motor vehicle that weighs in excess of 10,000 pounds or is used to transport hazardous materials and they set minimum safety standards for both trucking companies and their “employees.” An employee can include a company’s full-time drivers as well as independent contractors, or “for-hire” drivers who work one delivery at a time for the company. The driver’s negligence will be attributed to his employer, making the company liable for any damages the driver might have caused in an accident. This includes liability for medical expenses, lost wages, pain and suffering and, in some cases, punitive damages, which are meant to punish a company for its blatant disregard of the rules and roadway safety.
In a recent case involving an accident in which our client was struck while driving a motorcycle by a tractor-trailer making an illegal pass, we found numerous violations of the FMCSRs by the trucking company and we highlighted those violations in order to prove our case. For example, we found the following violations:
- Failure to have a safety program: The Federal Highway Safety Administration regularly conducts on-site examinations to check on whether trucking companies have a program set up to ensure compliance with the FMCSRs. Copies of these reports, showing a lack of a program or regular compliance, can serve as strong evidence of negligence.
- Negligent hiring of drivers: Before allowing a driver to hit the road, a trucking company must make sure the driver is “qualified” according to a set of specific criteria set out in the FMCSRs. This criteria includes having a valid commercial motor vehicle driver’s license (CDL), the ability to safely operate the tractor trailer and completion of a driver’s road test that examines driving technique as well as a driver’s knowledge of how to conduct pre-trip inspections and use emergency equipment. The company must also investigate the driver’s employment history and driving record for the previous three years. If the company fails to obtain this information and allows an unqualified driver to be on the road, the company could face liability for negligent hiring.
- Negligent supervision of drivers: The FMCSRs requires trucking companies to annually review each trucker’s driving record, including any violations of motor vehicle traffic laws from the previous 12 months and any “disqualifying” offenses, such as a conviction of driving while intoxicated (the BAC limit for commercial vehicle drivers is .04). The company also must also keep records that show the number of actual hours the driver is on the road and ensure the driver isn’t exceeding the maximum hours allowed by the FMCSRs. Violations could result in a claim of negligent supervision or retention.
In another case we recently resolved in which a woman suffered a brain injury as a result of a tractor-trailer jackknifing across the highway in front of her vehicle, we focused on the trucking company’s failure to inspect, maintain and repair the tractor-trailer, which resulted in the driver setting out on a snowy night with bald tires, leading directly to the crash in our case. In that case, we used the FMCRs to show that the company’s failure to keep a tractor trailer in proper working order and in safe condition led to the crash. The FMCSRs have detailed requirements regarding all aspects of vehicle maintenance and must keep inspection, repair and maintenance records for a period of one year for each vehicle.
The most common way we utilize FMCSR violations is to show that the driver was in violation of the hours of service rules, which are designed to prevent truckers from driving when they are too tired to safely operate the vehicle. In fact, the specific rule (49 C.F.R. § 392.3) states as follows:
No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.
We recently won a case by proving that the trucking company failed to have a management system to monitor violations of hours of service rules. The FMCSR violations were powerful evidence to help us prove that point.
Semi truck accident lawyers at our law firm represent accident victims and their families in personal injury and wrongful death lawsuits against some of the largest trucking companies in the U.S.
