Commercial trucking accidents are serious disasters that can take lives and leave survivors with life-changing injuries. In an effort to prevent truck accidents, the Federal Motor Carrier Safety Administration (FMCSA) enforces various safety rules within the trucking industry. Violating any of these laws drastically increases the odds of catastrophic truck accidents.
If you have been involved in a truck accident, contact our Wilmington truck accident lawyer at Shipman & Wright to file a claim today. Call us at (910) 762-1990 for a free consultation.
Hours-of-Service Violations
Drowsy driving is a significant problem among truck drivers; especially long-haul truckers. Truck drivers often spend hours on the road, driving alone and overnight. In addition, many truck drivers get low-quality sleep due to issues such as reversed sleep schedules, uncomfortable sleeper berths and medical conditions like sleep apnea.
All of these issues increase the odds of truck driver fatigue. To combat this problem, the FMCSA has hours-of-service (HOS) regulations that limit the number of hours a truck driver can operate a large truck without resting. If a truck driver is pressured into exceeding his or her HOS restrictions by an employer, the driver may become too drowsy to drive safely.
Broken Hiring and Training Protocols
Trucking companies are not permitted to hire just anyone to operate their trucks. Truck drivers must have the proper qualifications, including valid commercial driver’s licenses. They must also undergo rigorous training to safely operate semi-trucks. Violating FMCSA employment laws to save time or money during the hiring process puts everyone at risk.
Truck Maintenance Lapses
Section 396.3 of the Code of Federal Regulations requires motor carriers to systematically inspect, repair and maintain all motor vehicles within their control. Trucking companies and truck owners must comply with rigorous inspection and maintenance standards to ensure their trucks are roadworthy. Truck maintenance violations can result in dangerous brake failures, tire blowouts, electrical malfunctions and steering problems.
Cargo-Related Violations
The cargo transported by a large truck must be properly loaded and secured according to federal regulations. This means the cargo must be stacked and balanced correctly in the truck or trailer to prevent dangerous imbalances, as well as secured with tiedowns to avoid lost cargo loads. The transportation of hazardous materials also comes with special safety rules.
Truck Driver Moving Violations
Truck drivers are subject to all applicable operating rules, including the FMCSA’s driver standards as well as statewide traffic laws. If a truck driver breaks a roadway rule, either carelessly or recklessly, it can result in a harmful truck accident.
Common examples of moving violations committed by truckers are:
- Speeding
- Following too closely
- Making unsafe lane changes
- Failing to yield the right-of-way
- Making improper turns
- Distracted driving
- Unlawful cell phone use
- Driving while intoxicated
The consequences of these violations can include a fine, penalties imposed by the trucking company, and driver’s license suspension or revocation. If a moving violation causes a severe truck accident in Wilmington, the truck driver or trucking company may also face criminal consequences and civil liability.
How to Seek Justice for an FMCSA Violation That Resulted in Your Wilmington, NC Truck Accident
If you get hurt in a trucking accident that you suspect was caused by a violated FMCSA safety rule in North Carolina, contact a truck accident attorney in Wilmington for legal advice and assistance. You may be eligible for financial compensation through an insurance claim or personal injury lawsuit against the trucking company or another party.
Our attorneys at Shipman & Wright can help you gather evidence of a violated federal law to support your claim. Call us at (910) 636-7170 to get started with a free truck accident case review.