How to Prove FMCSA Violations After a Truck Accident
Texas has the most registered transport trucks and truck drivers in the country, meaning it is also the state with the largest number of 18-wheelers on the road. These vehicles are extremely important, as they carry and deliver everything from construction materials to groceries people buy every day. Sharing the roads with these massive vehicles also carries many risks. The sheer weight and size of commercial trucks means occupants of smaller vehicles are at great risk when there is a crash.
The Federal Motor Carrier Safety Administration (FMCSA) has established strict rules to protect the public, truck drivers, and trucking companies. Unfortunately, truckers and trucking companies do not always comply with these rules and catastrophic accidents ensue. Below, our San Antonio truck accident lawyer outlines how to prove a FMCSA violation caused your crash.
Important FMCSA Regulations to Know
There are many safety regulations enforced by the FMSCA. When truckers or trucking companies take shortcuts and violate these rules, it puts everyone on the roads at risk. Some of the most important FMCSA regulations to know are as follows:
- Hours of service: Truck drivers are only allowed to remain on the road for a certain period of time before they must take a break or a longer rest period. Truck drivers sometimes violate this rule so they can make their tight deadlines. Trucking companies also sometimes incentive drivers to violate the rule so they can increase their profits.
- Alcohol and drug testing: Trucking companies must test drivers for alcohol and drug use pre-employment, at random times throughout employment, and after any accident to prevent impaired driving. Again, trucking companies often ignore testing requirements to save time and money.
- Truck maintenance: Trucking companies must regularly inspect and repair their vehicles so defective or broken parts do not cause a crash.
- Cargo securement: Cargo must not exceed certain weights and must be securely stored within a truck. When it is not, it can shift during transport, throwing the entire vehicle off balance. Improperly loaded cargo can also spill onto a road, causing or worsening a crash.
Proving FMCSA Violations After a Crash
It is not easy to prove an FMCSA violation caused your crash on your own. It is critical to speak to an attorney who can help. An attorney will know how to prove these violations by subpoenaing important documents from the trucking company. These may include the trucker’s log books, maintenance and inspection records, drug and alcohol test results, and more. Trucking companies will not typically provide these unless there are legal consequences and so, these can be very difficult for accident victims to obtain without legal representation.
An attorney will also collect police reports and witness testimony that can highlight unsafe practices. Lawyers also have an extensive network of expert witnesses that can testify about the severity of your injuries, whether FMCSA rules were violated, your capacity to return to work, and more.
Our Truck Accident Lawyer in San Antonio Can Prove Your Case
At the Law Office of Israel Garcia, our San Antonio truck accident lawyer can prove all elements of your case so you obtain fair compensation. Call us now at 210-LAW-9999 or contact us online to schedule a consultation and to get the legal help you need.
Sources:
fmcsa.dot.gov/regulations/search
fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations
