When a trucking company violates Federal Motor Carrier Safety Administration (FMCSA) rules, it endangers its drivers and the public. Regulators put rules in place for good reason, primarily to reduce the risk of accidents, injuries, and deaths.

If a trucking company, truck driver, or other party in the trucking industry violates FMCSA rules often enough, an accident will eventually result from such negligence.

If a truck driver or a trucking company’s negligence injures you or a loved one, hire a Augusta truck accident attorney to hold liable parties financially accountable.

Schedule a Free Initial Consultation Today!

Why Do Trucking Companies Violate FMCSA Rules?

Truck driver violating FMCSA rules on a highway at dawn.

Why does anyone break any rules? There are many potential reasons why a trucking company might violate rules set forth by the FMCSA, including:

  • Ignorance: While most trucking company owners and executives understand the importance of FMCSA regulations, some may be ignorant. Not knowing the specific details of FMCSA rules is not a valid excuse, though.
  • Inattention to detail: Trucking industry regulations are complex, and trucking company owners and operators must know every detail. Those who overlook even the most minor rule are vulnerable to civil fines and potentially more likely to cause a truck accident.
  • Financial motivation: Some regulations, like drivetime limits, can limit trucking companies financially. If truck drivers were allowed to drive around the clock, this would be financially advantageous for their employer, yet it would be dangerous. A trucking company might break or encourage employees to break the rules for financial reasons, and this is negligent, reckless behavior.
  • Assumption that it will not be caught or held accountable: If someone believes they can get away with breaking a rule and have reasons for breaking it, they may be more likely to commit a violation. However, the trucking industry has close oversight, so violations generally come to light. Sometimes, violations become apparent when the infraction contributes to a truck accident.
  • Lack of supervision over employees: Trucking companies’ higher-ups must ensure that drivers and other employees act responsibly at all times. Through in-person monitoring, inspections, in-cab video cameras, and drug and alcohol testing, a trucking company can minimize the likelihood that employees will endanger others and cause collisions.

Whether a trucking company violates an FMCSA rule or is generally negligent (even if it does not violate any specific rule), that company can be financially responsible when an accident happens.

Common Types of FMCSA Violations

The FMCSA provides a long list of rules and guidelines that every trucking company must follow religiously—it’s the law.

Some of the issues covered in these rules and guidelines include:

  • How and when to test drivers for drug and alcohol use
  • How to ensure drivers and other employees are physically and psychologically fit to operate a truck
  • Training and licensing requirements for drivers
  • For how long a driver can be on the road (and when they must take breaks to avoid fatigue and other hazards)
  • What constitutes a safe truck
  • Required recordkeeping practices for trucking companies
  • The type and amount of insurance motor carriers must maintain
  • When and how to conduct inspections and maintenance on trucks and cargo trailers

A truck driver, trucking company, or other liable party does not have to violate a specific FMCSA rule for you to hold them financially liable for an accident. These parties only need to be negligent.

Negligence means that someone acts in a manner that is not reasonable based on the specific circumstances. Your truck accident attorney will work to prove the liable parties’ negligence, in doing so, proving that those parties owe you compensation.

How Truck Drivers Violate FMCSA Rules?

Woman drinking while driving a truck.

When an employee of a trucking company violates FMCSA rules, the company itself is often financially liable for resulting collisions. Truck drivers are often responsible for accidents they are involved in, and those accidents may stem from an FMCSA rules violation.

Some types of driver-related negligence that can cause an accident include:

  • Failing to inspect the vehicle and trailer before traveling
  • Failing to pull over, inspect the vehicle, and seek service if something goes wrong while driving
  • Driving beyond their hours’ limits
  • Failing to take required breaks
  • Driving while drunk
  • Driving while under the influence of drugs
  • Driving with a physical impairment (such as vision problems)
  • Engaging in dangerous driving practices, such as speeding, tailgating, texting while driving, and changing lanes in a dangerous manner

Your attorney will know the great responsibility and many duties that truck drivers must honor. Expect your legal team to quickly recognize any failures by drivers or their employers that contributed to your accident.

Trucking Companies Can Coerce Drivers Into Committing Violations

The FMCSA explains that a trucking company may coerce a driver into committing a violation by:

  • Threatening to withhold work or pay from the driver
  • Threatening to take other adverse action against the driver
  • Punishing a driver for refusing to operate in violation of FMCSA regulations

Truck drivers may also be fully willing to go along with an employer’s request to violate FMCSA rules. In some cases, the driver may commit such a violation on their own.

Whatever the reason for an FMCSA violation is, breaching the rules increases the risk of an accident.

FMCSA Violations Lead to Accidents—What to Do If You’re Involved in One

There is often a direct link between a trucking company’s or truck driver’s violation of FMCSA rules and an accident.

The three primary outcomes of truck accidents are:

  • Property damage: Property damage is highly likely when a truck strikes another vehicle (or a pedestrian). When accident victims file insurance company lawsuits and claims, property damage is almost always a part of their case.
  • Injuries: While motor vehicles can provide some protection, they are often not enough of a barrier to prevent injuries. Some common injuries among truck accident victims include whiplash, broken bones, cuts from glass, traumatic brain injuries, and internal injuries.
  • Deaths: These deaths can be wrongful when they result from someone’s negligence. Due to their large size and great weight, trucks are more likely to contribute to fatal collisions. Trucking companies and truck drivers must understand this risk and take every possible precaution to avoid causing a fatal accident.

Each of these outcomes warrants a fair financial recovery. However, it’s those with injuries and lost loved ones who generally choose to hire a truck accident lawyer.

If you have suffered a personal injury or lost a loved one due to a truck accident, allow an attorney to identify liable parties and fight for a fair settlement or award (from a judge or jury).

A Truck Accident Lawyer Will Prove a FMCSA Violation (and Build Your Case)

Business concept of Truck Accident Lawyers with the inscription on a piece of paper.

When you hire a truck accident lawyer, they will waste no time building your case. Proving the cause of your accident and any FMCSA violations related to the collision will be one of your lawyer’s priorities.

Your lawyer may prove FMCSA violations and other instances of negligence by:

Filing a Letter of Spoliation With the Trucking Company

A trucking company may quickly realize it has evidence that can benefit your case against the company.

Your attorney will file any necessary letter of spoliation. This kind of letter requires the trucking company to preserve and eventually hand over any evidence related to your accident

Securing All Evidence in the Trucking Company’s Possession

The liable trucking company may have several types of evidence that benefit your case, including:

  • Records detailing the truck driver’s hours, which can show a violation of drivetime limits, mandatory breaks, or other time-related violations
  • Video footage from cameras inside the truck’s cab, outward-facing cameras, or other relevant footage
  • The at-fault employee’s disciplinary history, which may show a pattern of negligent behavior
  • The trucking company’s records related to drug and alcohol testing
  • Training records, which can indicate the trucking company failed to train the employee accurately
  • Hiring records, which may indicate an employee was not qualified

Each truck accident case involves different evidence. Your lawyer will quickly seek any evidence from a liable trucking company that can benefit your case.

Gathering Evidence Not in the Trucking Company’s Possession

Helpful evidence to your lawyer may include:

  • Eyewitness accounts detailing the truck accident
  • Video footage of the accident, which can come from traffic cameras, bystanders’ cameras, security cameras, or other sources
  • Any police report related to the accident
  • Photographs of vehicular damage, which can indicate how the vehicles collided

Lawyers often have investigators who can immediately secure time-sensitive evidence from a truck accident.

Interviewing Insightful Witnesses

Witness accounts can be critical to the outcome of a truck accident claim or lawsuit.

Eyewitness testimony can help because:

  • Video footage of a truck accident is not always available, and eyewitness accounts can be a helpful alternative.
  • Eyewitnesses often have no reason to lie, so their accounts are generally reliable.
  • Truck accidents often involve an element of “he said, she said,” so having one or more witness accounts can tip your case in your favor.

Your attorney may use existing eyewitness testimony, such as accounts given to a responding law enforcement officer. Your lawyer may also interview and re-interview witnesses to gather a more complete, detailed picture of how and why the accident happened.

Hiring Experts in the Automotive and Trucking Fields

Law firms frequently hire experts to contribute to truck accident cases. These expert services are included in the lawyer’s fee structure, so you don’t pay out of pocket for them.

Experts can:

  • Use their knowledge of FMCSA regulations to pinpoint any violations
  • Explain how the trucking company, truck driver, or other liable party contributed to the accident
  • Analyze video related to the accident
  • Explain what photographs of vehicle damage mean (with respect to fault and liability for the collision)

Experts may also assist with other elements of your case, including but not limited to documenting and valuing your accident-related damages.

Steps Your Lawyer Will Take When Fighting for Your Financial Recovery

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Proving FMCSA violations and other relevant instances of negligence is just one feature of your lawyer’s responsibilities. Your attorney will also be tasked with creating a successful claim or lawsuit, which typically requires:

Organizing Evidence of Negligence in a Logical Manner

Your attorney will obtain all relevant evidence and include it in your case. Evidence tells a story, and your lawyer will organize witness testimony, video, photographs, and other evidence in a manner that tells your story accurately.

Documenting Your Damages

Your legal team will obtain all available documentation of your damages.

Truck accident victims often face wide-ranging damages, and your lawyer may prove those damages with:

  • All medical bills you face after the accident
  • Bills showing the cost of repairing or replacing your vehicle
  • Income statements proving how much income you have lost because of the accident
  • Expert testimony (including that of doctors and mental health professionals)

This documentation can convince liable parties to compensate you fairly.

Negotiating a Fair Settlement

Your attorney will eventually present their insurance settlement demands to liable parties. It may include one or more insurers, a trucking company, or any other party that owes you compensation.

You may need to sue a trucking company that committed an FMCSA violation. You may sue another party. Your lawyer will help decide whether to file suit and will lead any lawsuit you file.

Common Damages Among Truck Accident Victims

Truck accident victims often deserve compensation for:

Man presses "COMPENSATION" on a virtual screen. Injury, insurance, legal advice, and workplace accident concepts.

  • Pain and suffering, including physical, emotional, and psychological problems
  • Lost income
  • Vehicle repair costs
  • Medical expenses
  • Mental health services

Every truck accident victim has a different damage profile. Let a truck accident lawyer identify your damages and fight for a fair financial recovery.

Recoverable Damages in a Fatal Truck Accident Case

Losing a loved one in a trucking accident is a devastating blow that can cause both economic and non-economic damages. An attorney will compassionately lead any wrongful death case you choose to pursue.

Don’t Wait Any Longer to Hire Your Truck Accident Attorney

Your Augusta personal injury lawyer must secure evidence (possibly from a liable trucking company) and file any necessary lawsuit before the statute of limitations expires. Be deliberate in choosing your lawyer, but don’t wait to start your search today.

Schedule a Free Initial Consultation Today!