According to recent statistics, there are 13 million trucks registered in the country, and 1.86 million companies operate semi-trucks, straight trucks, or other hazmat trucks.
That can mean that at any given time of the day or night, when you are out driving, you are sharing the road with commercial trucks. If those trucks are fully loaded, they can weigh up to 80,000 pounds.
Obviously, these trucks require regulations to ensure they maintain a standard of quality driving and cargo securement that can reduce the risk of an accident. If you’re involved in a collision with a commercial rig, the investigation will involve the many state and federal regulations that govern the trucking industry.
It will help to talk about what happened with an experienced Seattle truck accident lawyer like the ones you’ll find at the Law Offices of Justin R. Boland, PLLC. We have helped many clients who were the victims of a truck accident seek fair compensation for their losses.
Often, that involves naming the trucking company as a defendant in a lawsuit.
If the trucking company fails to follow the federal regulations applicable to their industry, they may be liable for any incidents that occur on the road.
What Federal Agency Regulates the Trucking Industry?
The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency tasked with regulating all major aspects of the commercial trucking industry. As government agencies go, the FMCSA is relatively young, having been established in 2000 as part of the Motor Carrier Safety Improvement Act of 1999.
Of course, there have been some form of federal regulations in the trucking industry since it began over a century ago, but the FMCSA has streamlined these regulations and made them accessible to every driver and trucking company.
A trucking company can’t claim ignorance of a regulation when they are clearly defined on the FMCSA website.
How Long Is a Truck Driver’s Work Shift?
One of the most important FMCSA regulations pertains to hours-of-service (HOS). The goal of these regulations is to acknowledge that truck drivers often need to drive long hours to meet their delivery schedules, but this shouldn’t come at the expense of driving drowsy or falling asleep at the wheel.
The current HOS regulations stipulate the following rules:
11-Hour Driving Limit
This rule allows a truck driver to drive a maximum of 11 hours after 10 consecutive hours off duty.
14-Hour Limit
A truck driver may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
30-Minute Driving Break
Truck drivers must take a 30-minute break after driving for 8 cumulative hours.
60/70-Hour Limit
A truck driver cannot drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
Adverse Driving Conditions
An exception to the 11-hour maximum driving limit and 14-hour driving window is when adverse driving conditions are encountered. When that happens, they can extend those driving limits up to 2 hours. In other words, if a rain or snowstorm slows down the driver, they could stay on the road for 13 hours of driving time.
Another exception is for short-haul drivers. Those are drivers whose routes are within a 150-mile radius. In those instances, a driver can drive for up to 14 hours but must take the appropriate rest break.
All of the truck driver’s service hours need to be logged. Those service hour logs will be an important piece of evidence in any truck accident claim.
What Are the Additional FMCSA Trucking Regulations?
Truck drivers are required to take a pre-employment drug test. A trucking company might also require regular testing, as specified in the company contract. A truck driver is also obligated to take a drug test immediately following an accident if that accident resulted in injury.
The following are additional FMCSA trucking regulation categories that a truck driver and company must adhere to:
- Size, weight, and height of commercial motor vehicles (CMVs)
- Noise emission standards
- Routing
- Operational authority
- The transportation of hazardous materials
- Record preservation
- Data recording and collection
- Special training
- Waivers and exemptions
- Alcohol use
- State compliance with the commercial driver’s license (CDL) program
- Safety and fitness procedures
- Qualifications for drivers of longer combination vehicles (LCVs)
- Maintenance, inspection, and repair procedures
- Pre- and post-trip inspections
- Parking rules
How a Truck Accident Attorney Can Help
As you pursue a claim for a truck accident, it is essential to include all the at-fault parties.
A trucking company that skirts federal regulations can be considered a liable party to any claim or civil complaint.
If you’re unsure of how to pursue a truck accident claim, the Law Offices of Justin R. Boland, PLLC, can provide guidance. We have helped many clients take on big trucking companies and their insurance carriers. We understand the regulations and the need for a thorough investigation.
Call to set up a consultation to discuss your accident.
