The Role of Federal Trucking Regulations in Atlanta Truck Accident Cases

A collision with a commercial truck or tractor-trailer may be one of the most difficult things you will ever go through. You may be facing life-altering injuries, emotional trauma, and substantial medical bills. If your accident was the result of another person or entity’s negligent or reckless actions, you have the legal right to pursue just compensation for what you have gone through.

The federal government has imposed extensive trucking regulations on the industry with the goal of preventing serious accidents. When a truck driver or others fail to adhere to the industry regulations, the consequences can be devastating. Establishing that a driver or company failed to uphold federal regulations and safety protocols in any way may be key to resolving the truck accident case in your favor.

In this article, we will take a closer look at various federal trucking regulations and how they may impact your case. A better understanding of these federal rules and regulations will aid you in building a robust truck injury claim.

The Importance of State and Federal Commercial Trucking Laws

The Federal Motor Carrier Safety Administration (FMCSA) sets the primary regulations for trucking across the US. These rules and regulations ensure that commercial trucks that travel interstate operate safely. Additionally, the State of Georgia has its own traffic laws that supplement the federal laws, especially in cases involving in-state trucking.

It is critical that all commercial truck drivers, trucking companies, and others in the trucking industry consistently follow both federal and state laws. Failing to follow the rules and laws of the FMCSA can lead to extensive penalties and sanctions.

What’s more, violations of the Federal Motor Carrier Safety Administration regulations can constitute negligence in a Georgia truck accident case.

Major Federal Truck Driving Rules and Regulations

Federal trucking regulations necessarily impact the actions and procedures of not just truckers but those involved in the entire trucking industry. This may include various third parties, such as cargo loaders and freight brokers – among others.

A breach in any one area of the federal regulations can result in a serious or even catastrophic truck accident. If you have been in an accident involving a commercial truck in the Atlanta, Georgia, area, an experienced truck accident lawyer can help determine whether federal rules and regulations were violated. 

Periodic commercial vehicle inspection and maintenance

Federal trucking regulations require periodic inspections of all commercial vehicles to ensure they are fit to be in use. 

Components that must be inspected include the following:

• The brake system
• Coupling devices for tractor-trailers
• The exhaust system
• The fuel system
• Lighting devices and reflectors
• Container securement devices
• The steering mechanism
• The vehicle’s suspension
• The truck’s frame
• The tires
• Wheels and rims
• Windshield glazing
• Windshield wipers
• Motorcoach seats
• Rear impact guard

Annual detailed inspections must be conducted by qualified inspectors who thoroughly understand the regulations that must be upheld. If a trucking company does not inspect their commercial vehicles as required or ignores an inspector’s concerns, the company can be held liable for any accidents that occur as a result of defective or damaged components.

Additionally, commercial drivers are required to complete a daily inspection report of the vehicle at the end of each day’s work. Any identified defects or deficiencies must be addressed and repaired before a motor carrier permits or requires a driver to operate the vehicle again.

Weight and cargo restrictions

According to the Georgia Department of Public Safety, FMCSA regulations apply to all commercial vehicles with a Gross Vehicle Weight Rating (GVWR) of 10,001 lb or more. Certain combinations of vehicles, such as tractor-trailers, at 26,001 lb and above GVWR are subject to further requirements – such as the driver having a commercial driver’s license and being subject to alcohol and drug testing.

In addition to weight regulations, a great deal of emphasis is placed on cargo loading. Federal regulations work to ensure that trucking companies safely load and secure their freight. When transporting goods, truck drivers and cargo loaders must see that the load is stationary and properly tied down.

Failing to or improperly securing cargo can be extremely dangerous. If you were hurt in a truck accident involving an unsecured load, you may have legal recourse against multiple parties. 

Transporting hazardous materials

For good reason, federal law imposes a number of requirements on commercial trucks carrying hazardous materials. These requirements are designed to protect both truck drivers and the general public.

Depending on the material being transported, there may be a need for safety permits, parking restrictions, and additional driver training. There is a high risk for severe injuries in a collision involving a commercial truck carrying hazardous materials.

If this is the situation you find yourself in, a well-practiced truck accident lawyer can go to bat for you – ensuring that all negligent parties are held accountable for your losses.

Hours-of-service regulations

The FMCSA regulates the number of hours truck drivers are allowed to be behind the wheel within a certain amount of time to prevent driver fatigue. Commercial truck drivers are not permitted to drive more than 11 hours in a 14-hour period. Once the 14-hour period ends, a truck driver is required to go off duty for a minimum of 10 consecutive hours.

Furthermore, drivers must take a 30-minute break for every 8 hours of driving. Truckers are also prohibited from working more than 60 hours within 7 days or 70 hours over 8 days.

The hours-of-service regulations are extremely clear. Still, it’s no secret that drivers are consistently pressured to violate federal and state laws to deliver cargo faster and save the trucking companies money.

If fatigued driving played a role in your truck accident, it is advantageous to investigate whether federal hours-of-service rules were being properly followed.

Alcohol and drug use

Federal trucking regulations absolutely prohibit drivers from using drugs or alcohol while operating a commercial vehicle. Truck drivers are required to comply with alcohol and drug testing requirements.

Federal rules require trucking companies to perform alcohol and drug tests at the following times:

• Pre-employment – before allowing a new employee to operate a commercial truck
• After certain types of accidents
• When there is reasonable suspicion that a truck driver is under the influence of drugs or alcohol
• Before allowing a driver who previously tested positive to return to work
• Random intervals throughout the year

If a truck driver refuses to comply with federal drug or alcohol testing requirements, that person will not be allowed to perform any safety-sensitive functions and may risk having his or her commercial driver’s license (CDL) suspended or revoked.

If a trucking company fails to administer alcohol and drug tests as mandated, or if a truck driver causes an accident while under the influence, he or she must be held accountable for what happened. Holding intoxicated drivers and their employers responsible for the damages they cause is an important step in protecting entire communities from further pain and suffering.

DOT medical exams

To obtain a commercial driver’s license, truck drivers must submit to periodic physical exams as required by the Department of Transportation (DOT). Such exams are meant to address any potential physical or psychological issues that affect a driver’s ability to safely operate a commercial vehicle.

DOT exams test such things as a driver’s eyesight, hearing, blood pressure, and other common health indicators. Following the physical exam, the examiner fills out a medical certificate for the driver, indicating whether or not he or she meets the physical qualifications to operate a commercial truck.

If a truck driver fails his or her DOT medical exam and gets in the driver’s seat anyway, a devastating accident could result. Such negligent truck drivers and the companies who employ them must be held accountable.

If you believe your truck crash may have been caused by a driver who was not medically fit to drive, a skilled personal injury lawyer can help you investigate the matter and establish the facts of your case.

Potential Liability in Georgia Truck Accident Cases

In regular car accidents between two passenger vehicles, it is usually clear who is involved, and the liable party is the driver who hit you. However, it is not always that straightforward in a truck accident.

As previously stated, federal trucking regulations are imposed on an entire chain of individuals and entities in the trucking industry. Thus, depending on the circumstances of your accident, you may be able to hold more than one party accountable for your injuries and losses.

The following parties could potentially be found negligent under truck accident law:

• The truck driver: When establishing fault in any kind of vehicle accident, the drivers are the first to be considered. Confirming that the truck driver was driving legally, with a commercial driver’s license, is important. If it can be determined that the accident was due to drunk driving or that the truck driver was using illegal drugs, distracted, fatigued, speeding, or otherwise negligent, then he or she could be liable for the accident.
• The trucking company: Trucking companies are required to enforce federal laws and rules in their operations. Companies must closely monitor each trucker’s safety records and driving schedules and ensure that their commercial drivers have sufficient training and experience to handle the vehicle safely. If a trucking firm fails in this respect, it could be held accountable for an accident.
• The truck’s owner: Trucking companies don’t always own the trucks they use. Generally, truck owners are responsible for the inspection and routine maintenance of the vehicle. If the owner failed in this regard, he or she could be found at fault for the truck accident.
• The truck manufacturer: Trucks are made up of thousands of parts. A problem with an integral component, such as the truck’s steering or brakes, could lead to an otherwise preventable accident. In such cases, the manufacturer of the truck or the failed part could be accountable for a product liability claim.
• The truck mechanic or maintenance provider: Large commercial trucks require frequent and recurring maintenance. If mechanics and repair shops are less than diligent, crucial upkeep or repairs could be overlooked or put off. In such cases, key components could fail, leading to serious accidents.
• Cargo loaders: A truck’s cargo must be loaded and secured properly to guarantee it is safe for the road. Freight loaded or secured incorrectly could shift when the truck is moving. This can affect the truck’s stability, or the load could come loose and fly off the trailer, causing an accident.

Determining liability in a truck accident case can be a complex and time-consuming endeavor. A knowledgeable truck accident attorney can thoroughly analyze the circumstances that led up to your accident and help you pursue compensation from all potential at-fault parties.

Reach out to Understanding Atlanta, GA Trucking Accident Lawyers for Assistance

Due to the sheer size and weight of many commercial vehicles, trucking accidents oftentimes result in more severe injuries than a typical car accident. In the devastating aftermath of such an incident, you deserve to have an experienced personal injury lawyer on your side. 

Trucking firms and their insurance companies have deep pockets and can be extremely difficult to deal with after an accident. It is not advisable to try and tackle a settlement negotiation or lawsuit on your own. The skilled truck accident lawyers at Hoffspiegel Law stand ready to help you during this difficult time.

Lloyd and Alex Hoffspiegel, along with their entire legal team, understand the federal trucking regulations and will work tirelessly to ensure the law is properly and fully applied in your truck accident case. Our goal is to help each client recover his or her quality of life.

Please don’t wait to get the help you need. Call us today at (762) 315-4621 or click the Contact Us button to schedule a free consultation. A member of our legal team is standing by to hear your story.

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