Federal Regulations Governing the Trucking Industry
Unlike other vehicles on the road, commercial trucks are governed under federal and state laws of operation. The FMCSA enforces several hundred laws that trucking companies, carriers, and truck drivers must obey. From driver training to maintaining their fleet, all aspects of the trucking industry are covered in these laws.
Failure by the truck driver or trucking company to adhere to these laws serves as compelling evidence of negligence if a collision occurs. Federal trucking laws and regulations include:
Hours of Service Regulations
Truck drivers can't drive after the 14th consecutive hour following ten consecutive hours off duty. For every eight hours of driving time, drivers have to take at least one 30-minute break. Additionally, drivers can't drive over 60 hours in seven consecutive days or 70 hours over eight straight days.
Drug and Alcohol Testing
Truck drivers must comply with pre-hiring drug and alcohol testing, spontaneous tests, and tests required following severe accidents. California has a legal blood alcohol content (BAC) limit for commercial drivers of 0.04 percent. However, even if their BAC isn't that high, any amount, no matter how small of alcohol or drugs in their system, could indicate an impairment-related accident.
Cargo Loading
Specific cargo loading rules apply depending on the type of materials, and their size, and weight. Commercial truckloads can't exceed certain height and weight limitations. There are also specific considerations for trucks transporting hazardous materials such as chemicals or gasoline. Cargo loaders must obey a variety of load securement laws to prevent accidents and lost loads during transport.
Electronic Logs
Most commercial truck drivers have to maintain electronic logs that are records of their behaviors and activities. The purpose of their logs is to help reduce mistakes, manage fatigue, and circumvent scheduling issues. In addition, electronic logging devices can provide excellent evidence of negligence if they reveal that a driver broke a rule or wasn't being truthful on their log. Your Orange County truck accident lawyer can use this to your advantage.
Vehicle Maintenance
Strict maintenance minimums exist for commercial trucks. Their drivers must complete daily vehicle inspections and timely repairs. Not properly inspecting a big rig before its road could result in part failure and other related crashes. It's essential to note that part failures can also allude to manufacturer negligence, creating potential grounds for a product liability claim.
When you hire the experienced Orange County truck accident lawyers from Arash Law, they can help you determine if any FMCSA or state laws were broken that led to your accident. They know the many potential forms of evidence that might support your personal injury claim. We use police reports, eyewitness accounts, and trucks' onboard electronic logging devices (like black boxes) as evidence. Our investigation might reveal that a broken law, such as an hours of service violation or improper loading, was the cause or contributed to your accident.
