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Truck Accident Laws: Key Laws Every Truck Accident Victim Should Know

Janice Ruiz by Janice Ruiz
December 5, 2024
Truck Accident Laws: Key Laws Every Truck Accident Victim Should Know
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Hours of Service Rules

Federal Hours of Service (HOS) rules are designed to prevent fatigue-related accidents by limiting the amount of time truck drivers can be on the road. Under HOS rules, drivers carrying property can drive for up to 11 hours after a minimum 10-hour off-duty period. The maximum on-duty time is capped at 14 hours per day. Violations often surface in accident investigations when electronic logging device (ELD) data shows drivers exceeded these limits.

Impact on Cases:
In lawsuits, HOS violations can establish negligence if overworked drivers caused the crash. For example, in a case where a driver fell asleep and rear-ended another vehicle, proof of excessive driving hours directly tied the trucking company to liability for failing to monitor compliance.

Vehicle Maintenance Standards

The Federal Motor Carrier Safety Administration (FMCSA) plays a key role in regulating the trucking industry and mandates that trucks undergo routine inspections and maintenance to remain in service. Requirements include regular checks on brakes, tires, lights, and other critical systems. In a lawsuit maintenance records can verify whether the trucking company complied with the required standards.

Example:
If a brake failure leads to an accident, truck accident lawyers may subpoena maintenance logs. Missing or falsified records can demonstrate negligence, strengthening the victim’s case.

Cargo Securement Rules

The FMCSA outlines specific regulations for securing cargo, such as requiring tie-downs and proper weight distribution. Compliance with cargo securement laws often plays a significant role in cases that involve rollovers or falling debris on the roadway.

How This Affects Claims:
In an accident caused by a truck’s shifting load, plaintiffs often rely on evidence of non-compliance with these rules. Photos from the crash scene, police reports, and expert testimony can establish that improper cargo securement contributed to the truck crash.

Key FMCSA Cargo Rules:

  • Minimum Number of Tie-Downs: Based on cargo size and weight.
  • Weight Limits for Securement Devices: Devices must withstand a force equal to at least half the weight of the cargo.

Hazardous Materials Regulations

Transporting hazardous materials (HAZMAT) introduces additional legal requirements. Drivers must obtain specialized training and endorsements, and trucks must display placards indicating the type of material being transported. Violations, such as failing to secure hazardous cargo properly, can lead to severe penalties and amplify damages in injury claims.

Illustrative Case:
In a collision involving hazardous material spillage, a trucking company may face lawsuits not only for injuries but also for environmental damages. The lack of proper HAZMAT training or securement magnifies their liability.

State-Specific Trucking Laws

Weight and Size Restrictions

State governments regulate truck weight and dimensions to protect infrastructure and public safety. Overweight trucks are a common factor in bridge collapses and other structural failures. For example, California limits trucks to 80,000 pounds on most roadways unless a special permit is issued.

Legal Ramifications:
Overweight violations can shift liability to the trucking company, even when the driver’s immediate actions caused the accident. In states like Illinois, weight violations can also result in criminal charges for gross negligence.

Local Road Access Restrictions

States and municipalities often limit where and when trucks can operate, especially in residential or urban areas. For example, New York City prohibits commercial trucks from using parkways.

Case Application:
If a driver violates local road restrictions and causes an accident, their non-compliance can be used as evidence of negligence. Insurance adjusters and courts often review whether the driver’s actions violated these specific laws.

Comparative and Contributory Negligence Laws

Fault laws vary significantly between states. In contributory negligence states, such as Maryland, victims may be barred from recovering damages if they share any fault. In contrast, comparative negligence states like Florida allow recovery even if the victim was partially responsible.

Example of Impact:
A crash involving a speeding truck and a car making an illegal turn might result in reduced compensation for the car driver in a comparative negligence state. The court assigns a percentage of fault to each party, directly affecting the settlement.

Liability in Commercial Truck Accidents

Determining Fault

Liability often extends beyond the truck driver to include the trucking company, maintenance providers, and cargo loaders. Employer liability arises when companies fail to screen drivers for past violations or enforce safety policies.

Tools for Proving Fault:

  1. Black Box Data: ELDs record speed, braking, and driver hours, which can pinpoint negligence.
  2. Maintenance Logs: Missing documentation can suggest corner-cutting practices.
  3. Witness Testimony: Statements from other drivers or pedestrians bolster claims.

Precedent-Setting Cases

In a landmark case, a trucking company was held liable for hiring a driver with a history of HOS violations. The court ruled that the company’s lack of oversight directly contributed to the crash, setting a precedent for similar truck accident lawsuits.

Statute of Limitations for Truck Accident Claims

Filing Deadlines by State

The statute of limitations for personal injury claims varies widely. Most states allow two years, but some, like Kentucky, only permit one year. Exceptions exist for delayed injury discovery or when the victim is a minor.

Insurance Requirements for Trucking Companies

Federal Insurance Minimums

The FMCSA mandates minimum liability insurance coverage for commercial trucks:

  • General Freight: $750,000.
  • Oil Transport: $1 million.
  • Hazardous Materials: $5 million.

Failure to carry sufficient insurance often complicates claims, as victims may struggle to recover full damages.

Why Truck Accident Laws Matter in Injury Cases

Truck accident laws directly influence the outcome of injury cases and wrongful death claims by establishing clear standards for compliance and fault. Violations of regulations, such as federal cargo securement rules or state weight limits, can provide tangible evidence of negligence. Accountability is established by linking specific failures to their role in causing harm.

Cases often hinge on demonstrating non-compliance with these regulations, whether through black box data, maintenance records, or cargo documentation. Truck accident laws not only address liability but also shape the compensation victims may pursue based on the nature and extent of the violations involved. An experienced truck accident attorney can help victims understand all of the laws that would come into play during their case.

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Janice Ruiz

Janice Ruiz

Janice Ruiz is a paralegal who comes from a long line of legal professionals in her family. When not working or writing, she enjoys watching documentaries about true crime events.

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