Understanding Federal and State Regulations in Atlanta Truck Accident Cases

In 2023, Atlanta experienced 15 tractor-trailer truck accidents that caused suspected serious injuries. Tragically, 37 Atlanta truck crashes resulted in fatalities. If you have been injured or lost a loved one in a truck accident case, we understand your desire for justice and compensation to help you face this immensely difficult time.

It is vital to hire an experienced Atlanta truck accident attorney to guide you through the complexities of your accident. Understanding applicable federal and state regulations is one piece of the puzzle. If a truck driver, trucking company, or another party breaks one of these regulations, it may strengthen your truck accident case.

In this article, we will explore how federal regulations and Georgia statutes affect truck accident cases and how a truck accident lawyer can give you the best chance of success.

Federal Trucking Regulations

In 2022, trucks moved over 72 percent of the nation’s freight, frequently crossing state lines as they moved essential supplies from place to place. To keep the trucking industry as safe as possible, the Federal Motor Carrier Safety Administration (FMCSA) establishes nationwide trucking laws.

These regulations are extensive, covering driver qualifications, vehicle maintenance, loading of cargo, and hours of service. Here are some regulations that a Georgia trucking lawyer will be very interested in when investigating your truck accident.

Hours of service

Driver fatigue is a major cause of truck accidents. The FMCSA limits how long drivers can be on duty and the length of time they must rest after completing a shift. 

Some of these regulations include:

• Property-carrying vehicles: Truck drivers may drive a maximum of 11 hours following 10 consecutive hours off duty. After coming on duty, they may not drive beyond the 14th consecutive hour. After 8 cumulative hours, truck drivers must take a mandatory 30-minute break. 
• Passenger-carrying vehicles: The maximum number of hours is reduced to 10 hours after 8 consecutive hours off duty. After coming on duty, they may not drive beyond the 15th consecutive hour.
• 60/70 hour limit: There is an additional limit of 60/70 hours in any 7/8 consecutive day period. 

There are two important exemptions to the hours of duty windows. In adverse driving conditions, truck drivers can extend the 11- or 10-hour driving period by 2 hours. Additionally, these limits do not apply when truck drivers are within a radius of 150 air miles of their work reporting location. However, they are still limited to a maximum on-duty period of 14 hours.

Since 2017, most commercial truck drivers have been required to log their hours using Electronic Logging Devices (ELDs). This device is connected to the truck’s engine, making it easier for truck drivers to follow the regulations. Following an Atlanta truck crash, a truck accident lawyer will investigate these records for any evidence that the truck driver did not comply with federal regulations.

Inspection regulations

FMCSA regulations state, “Parts and accessories shall be in safe and proper operating condition at all times.” Both the trucking company and truck driver have responsibilities under federal regulations to inspect their vehicles regularly.

For example, the Code of Federal Regulations, Part 396, requires that motor carriers systematically inspect, repair, and maintain their vehicles. Trucking companies must keep detailed records to prove the truck is in good working order, and these records must be maintained for 1 year.

Drivers are also required to conduct inspections before and after every trip. If repairs are needed, the truck should be put out of use until the repairs have been carried out. Trucking companies are responsible for training truck drivers to carry out these duties.

Truck accident attorneys will request access to these records after your truck accident and compare them with federal regulations. If your lawyer discovers evidence of negligence, he or she may be able to use this to strengthen your claim for compensation. 

Cargo restrictions

Overweight trucks or improperly loaded cargo increase the risk of getting involved in a truck crash. 

Current federal weight limits are:

• 80,000 pounds gross vehicle weight
• 20,000 pounds on a single axle
• 34,000 pounds on a tandem axle group

FMCSA regulations require that cargo is “firmly immobilized or secured on or within a vehicle by structures of adequate strength.” A truck accident lawyer can look for evidence, such as photographs, to indicate that the cargo was improperly loaded or secured and contributed to your Atlanta truck crash.

Georgia State Laws for Commercial Vehicles

In addition to federal regulations, Georgia has its own laws governing commercial trucking companies. These regulations are enshrined in the Georgia Department of Public Safety Transportation Rulebook. 

Georgia law works hand-in-glove with the FMCSA’s regulations but goes further in the following examples.

Commercial driver’s license

Georgia requires that truck drivers have a valid commercial driver’s license (CDL) that includes the correct endorsements for the type of truck they are driving and the cargo they are transporting. Failure to hold the correct license can lead to fines and a license suspension until the return-to-duty process has been completed.

Insurance requirements

Georgia requires trucking companies to carry a minimum of $100,000 for bodily injury or death per person and $300,000 for total bodily injury and death per accident, plus $50,000 for property damage.

The Role of a Truck Accident Attorney

The sheer number of federal and state regulations around commercial trucking can be bamboozling. However, rest assured that if you entrust your truck accident lawsuit to an experienced attorney, he or she will leave no stone unturned in seeking evidence of violations.

To build strong truck accident cases, attorneys must uncover evidence of negligence. If a truck driver, trucking company, or truck manufacturer has failed to follow any of these regulations, this may strengthen your case. 

Truck accident claims are notoriously complex, so don’t try to go it alone. Entrust your case to a firm with a history of securing outstanding results for Atlanta truck accident victims.

You Can Trust Hoffspiegel Truck Accident Lawyers

At Hoffspiegel Law, we understand that a truck accident is often more devastating than a typical car accident. We also know that untangling applicable federal and state laws takes time, legal knowledge, and experience. When you entrust your Georgia truck accident case to us, you can rest assured that we will fight with everything we have for the best possible result.

Our ethos is to maintain a narrow focus and develop deep knowledge and experience in certain areas of personal injury law. Truck accidents are one of our main areas of focus. 

Our dedication to fighting for justice for Georgia truck accident victims has yielded outstanding results. In one case, we achieved a jury verdict of $1,290,000 after our client rejected an insurance offer of $250,000.

Now is the time to discover what our law firm could do for you. Call us at [phone number] today for a free case evaluation with an experienced truck accident attorney, or fill out our contact form, and we will get in touch very soon.