How FMCSA Regulations Can Be Important in Your Trucking Accident Case
If you have been injured in a collision with a tractor-trailer or other commercial vehicle, you may be able to recover compensation from the negligent trucker or trucking company responsible for causing the accident. To be successful in your personal injury case, it may be necessary to prove that the truck driver or trucking company was somehow negligent, and that this negligence is responsible for causing the accident.
One way to show negligence is to demonstrate that the driver or trucking company was not in compliance with safety rules and regulations of the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA is an agency within the United States Department of Transportation charged with the task of preventing commercial motor vehicle-related injuries and fatalities. To this end, the FMCSA implements and enforces safety regulations covering many aspects of the trucking industry. These areas include:
• Hours of Service of Drivers – The regs govern the maximum length of a work day and work week, including how long a trucker may be behind the wheel in a given day. These rules are frequently violated by truckers under pressure to reach their destination as quickly as possible.
• Inspection, Repair and Maintenance – These rules require frequent driver inspections and periodic inspections by the trucking companies. Inspectors and brake inspectors must be qualified. Unsafe operations which are likely to cause an accident or vehicle breakdown are forbidden by this rule.
• Parts and Accessories Necessary for Safe Operation – These rules include a long list of minimum requirements for safe operation, including headlamps and reflective devices; hazard lights and fog lamps; brake systems and components, including parking brakes, brakes on all wheels, automatic brake adjusters, and breakaway and emergency braking; window construction; fuel tanks; tires and more.
After an accident, it is important to inspect trucker and trucking company logbooks and records to determine if they were out of compliance with FMCSA safety regulations at the time of the crash. It should be noted that falsified logbooks are a frequent occurrence, and it may be necessary to conduct a thorough investigation and forensic analysis to determine if false logbook entries were made to make the trucking company appear to be in compliance when it actually was not.
Biloxi accident attorney Corban Gunn is familiar with FMCSA trucking regulations and the ways in which false entries may be made in logbooks. He conducts a thorough investigation of the accident to build a strong case for the trucking company’s liability to help ensure you receive the maximum compensation for your injuries. If you have been injured in a trucking accident or other motor vehicle accident in Biloxi or along the Gulf Coast in southern Mississippi, contact Corban Gunn for a free consultation.
