FMCSA Violations and Illinois Your Truck Accident Claim

 Posted on November 22,2021 in Personal Injury

Commercial semi-trucks are massive vehicles capable of causing catastrophic damage in an accident. If you or a loved one were involved in a commercial truck crash, you know this firsthand. Victims of truck accidents and the surviving family of fatal truck accidents may be entitled to financial compensation for their damages. They may be compensated for medical expenses, lost wages, funeral and burial expenses, pain and suffering, and more. However, to bring a successful claim, they need evidence of the at-fault party’s actions and the relationship between those actions and the crash. Often, proof of Federal Motor Carrier Safety Administration (FMCSA) violations is a crucial part of this evidence.  

Hours of Service Regulations

Driving takes skill and attention – especially when operating a massive commercial truck. When a truck driver is sleep deprived, he or she is more likely to make mistakes behind the wheel that cause an accident. To reduce the incidence of truck accidents caused by drowsy driving, the FMCSA has instituted “Hours of Service” regulations. These rules limit drive time and require the truck driver to stop for rest breaks. The truck driver’s electronic logbook or the truck’s event data recorder may contain evidence of Hours of Service violations you can use to build your case.  

Cargo Securement

Trucks transport the majority of the goods transported across the U.S. Loose truck cargo can move around in the truck’s trailer, making the truck harder to control. Unsecured cargo may even fall off the truck and onto the road, causing a dangerous hazard for other motorists. The FMCSA requires that truck cargo be loaded and secured in such a way that it does not shift or become dislodged during transport. If improper loading and securement of truck cargo caused or contributed to your accident, you may be able to hold the trucking company liable for damages.

Negligent Hiring

Carriers are expected to hire truck drivers who are qualified. Before hiring a truck driver, the truck company should ensure that the truck driver holds a valid commercial driver’s license and is capable of driving a large truck safely. This may include performing a criminal background check and reviewing the applicant’s driving record and employment history. The FMCSA also requires commercial truck drivers to be randomly drug tested. This helps cut down the number of accidents caused by intoxicated driving.

Contact an Elmhurst Truck Accident Lawyer

If you or a loved one were hurt in a commercial truck accident, contact Kaiser Law for help. Our Bensenville personal injury attorneys can help you obtain the evidence needed to build a robust claim and aggressively advocate for your best interests. Call 630-233-9946 for a free consultation.

Sources:

https://www.fmcsa.dot.gov/regulations/hours-of-service

https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules