The Impact of Federal Regulations on Truck Accident Cases

Mitchell Byrd, Attorney, Carolina Law Group, Greenville, SC
Mitchell K. Byrd, Jr. | Attorney

Semi-trucks and other large trucks are subject to federal regulations under the Federal Motor Carrier Safety Administration (FMCSA), among others. These regulations help ensure drivers are trained, rested, and ready for the road and that vehicles are safe to drive. 

If you were injured in a truck accident, these regulations could be an important element in your case. Read on to discover some of the most important federal regulations and how they could affect the outcome of your case. 

Federal Regulations Large Trucks Are Subject To

Here are some of the regulations large trucks like tractor-trailers (aka semi-trucks, 18-wheelers, or big rigs) must adhere to on U.S. roads:

Commercial Driver’s License (CDL): A driver must have a CDL to operate certain kinds of vehicles including tractor-trailers and passenger vehicles. CDLs are obtained at the state level but are subject to federal law, including the requirement for periodic renewal (which can vary by state). Additionally, drivers with special endorsements, like Hazardous Materials, Double/Triple Trailer, or Tank Vehicle, must pass additional testing and/or screening requirements. 

Hours of Service (HOS) regulations: Under FMCSA HOS rules, truck drivers are limited to no more than 11 hours of driving in a 14-hour period after 10 consecutive hours off duty, must take a 30-minute break after 8 cumulative hours of driving, and may not drive after 60/70 hours on duty in 7/8 days. 

Inspection and Maintenance requirements: The FMCSA mandates periodic inspection and maintenance of large trucks and other vehicles under its authority. The driver must complete a Driver Vehicle Inspection Report at the end of driving each day, and the vehicle must undergo an annual inspection that covers, at a minimum, the Minimum Periodic Inspection Standards listed in the Federal Motor Carrier Safety Regulations. 

Cargo Securement rules: The FMCSA directs how cargo must be secured in or on commercial vehicles, including how to place and restrain cargo, use tiedowns, and correctly secure a variety of specific materials. 

Drug and Alcohol Testing rules: Trucking companies and motor carriers are required to randomly drug test at least 50% of their employees in a year, and must also carry out alcohol and drug tests in other situations such as after an accident causing bodily injury.

This list is not exhaustive.

How These Federal Regulations Can Impact Your Case

What’s this got to do with you? If you’ve been injured in a large truck accident case that wasn’t your fault, it could matter a lot. 

In a previous blog, we looked at how the job of determining liability in a truck accident is different from passenger car accident cases, in part because there are so many potential at-fault parties. Multiple parties involved in trucking are subject to the regulations listed above (and more), and any violation of those regulations can help prove liability on the part of the trucker, trucking company, manufacturer, cargo loading parties, or others. This can help strengthen your case, ultimately leading to a more favorable settlement or verdict.  

Call the Truck Accident Attorneys at The Carolina Law Group

Building a strong truck accident case requires extensive knowledge, experience, and perseverance. That’s what our truck accident lawyers at The Carolina Law Group bring to the table. We know federal and state trucking laws, work with our own investigators to look into the accident independently, and don’t stop until we’ve reached a favorable outcome for our clients. If you’ve been injured in a truck accident, give us a call. We’ve been fighting for the rights of injured South Carolina drivers for years, and we’re ready to fight for you. Call us today at one of the numbers below to schedule a free, no-obligation consultation.   

The Carolina Law Group has four offices in South Carolina for your convenience: Greenville (principal office; call 864.312.4444), Greer (principal office; call 864.757.5555), Spartanburg (principal office; call 864.312.4444) & West Columbia (principal office; call 803.881.1110).

Call us at one of our four offices or contact us online to schedule your free consultation with one of our attorneys. Our business hours are Monday – Thursday 8:30am – 5:30pm & Friday 8:30 am – 5 pm. Weekend and evening hours by appointment only. Our Greenville, SC law firm offers Spanish, Hindi, and Gujarati language translation services for your convenience.

About 

Mitchell Byrd received his Bachelor of Arts degree from Wofford College in 2000. He graduated from the University of South Carolina School of Law in 2004, where he served on the American Bar Association Real Property, Probate, and Trust Journal. He was also an active member of the University of South Carolina Moot Court Bar. Since being sworn into the South Carolina Bar in 2004, Mr. Byrd has focused on litigation, within the criminal justice system as an economics crime prosecutor for the Thirteenth Circuit Solicitor’s Office and also within the South Carolina Workers’ Compensation system.

To Top
Translate »