How Federal Trucking Regulations Affect Accident Claims

Negligence in a truck accident often depends on whether a truck driver complied with federal trucking regulations. Truck drivers must adhere to Hours of Service (HOS) regulations, drug and alcohol testing requirements, and weight limit restrictions. Any violation of one or more of these parameters can indicate whether a truck driver was fatigued, impaired, or whether a cargo violation occurred. If you have fallen victim to a commercial truck accident, our Conway truck accident lawyers are prepared to investigate.

Hours-of-Service (HOS) Regulations

The FMCSA sets parameters for the number of hours a truck driver can drive, the minimum off-duty time, and the maximum time spent in the sleeper berth in a given day. Current HOS regulations include an 11-hour driving limit, 14 hours on-duty (following 10 consecutive hours off-duty), with a 60/70-hour driving limit in a consecutive 7/8-day period. Additionally, drivers must split their 10-hour off-duty time into seven consecutive hours and two consecutive hours in the sleeper berth.

Commercial vehicles have “black boxes,” known as electronic logging devices (ELDs), which record when the engine is on, how many miles a vehicle has driven, and the truck’s speed. “Black box” data will show whether a trucker is in violation of HOS regulations or has exceeded the speed limit, which often suggests driver fatigue or impairment. Truck drivers are also required to maintain a logbook that records their on-duty and off-duty hours, time spent in the sleeper berth, driving hours, and miles driven.

At The Law Offices of L. Morgan Martin, our legal team is prepared to help you obtain this information. In many cases, this involves submitting a spoliation letter to the trucking company to ensure that sensitive information is preserved. Sadly, a trucker on the road for extended periods is more likely to be distracted, a major contributor to vehicle accidents.

Weight Limit Restrictions

The Federal Highway Administration sets the following weight restrictions for commercial trucks:

• 20,000 pounds for single axles;
• 34,000 pounds for tandem axles;

• 80,000 pounds gross vehicle weight; and

• Semitrailers cannot be more than 48 feet long.

Cargo weight violations contribute to about 4% of truck crashes in the U.S. Although driving with an overloaded cargo is a concern, uneven weight distribution can cause a truck driver to lose control of the vehicle. Alternatively, if cargo is improperly secured, it can fall out, endangering other drivers’ lives.

Alcohol and Drug Testing

CDL drivers are required to undergo the following alcohol and drug testing:

• Pre-employment drug testing
• Reasonable suspicion testing: If a supervisor/employer has reason to believe that you have used alcohol and/or drugs.
• Random drug testing
• Post-accident drug testing

Although the legal limit for passenger vehicle drivers in South Carolina is 0.08%, it is only 0.04% for commercial vehicle drivers. If the truck driver is above the legal limit, many of the driver’s choices behind the wheel can be better understood.

Discovery of Evidence in Connection with Liability

The facts of your case will determine which party or parties will be found liable. If there is evidence that the driver violated HOS regulations, the driver will be found liable. But a violation of weight restrictions can point to negligence on the part of the cargo-loading company or even the trucking company (if they ordered the truck overloaded). If a drug and alcohol screening was missed, then you may hold the trucking company accountable. In many cases, more than one party may be held liable.

Speak with Our Conway Truck Accident Attorneys Today

Truck accidents often lead to life-changing injuries that may make it hard to return to work. We recognize the challenges you are facing, and The Law Offices of L. Morgan Martin, P.A., is here to listen and help. Our Conway truck accident attorneys will carefully evaluate your situation to determine what evidence can best support your claim. To begin this process, please contact us online or call (843) 248-3177 to schedule your free consultation. You are not alone in this.