California commercial truck drivers must follow state traffic laws and Federal Motor Carrier Safety Administration (FMCSA) regulations, which are designed to prevent accidents and ensure road safety. Due to truckers’ extended hours on the road and the severity of truck accidents, these regulations impose stricter requirements on drivers and trucking companies. FMCSA violations can be critical in determining liability in truck accident cases.
If you’ve been injured in a truck crash, an experienced California truck accident attorney can use these violations to strengthen your claim and pursue fair compensation.
How FMCSA regulations affect California truck accident liability
FMCSA regulations are intended to make the roads safer for those sharing them with semi-trucks and for truckers themselves.
Trucking companies, too, are subject to FMCSA oversight, investigation, and penalties. Certain expectations of trucking companies include properly maintaining their fleet, adequately supervising their drivers, and ensuring that each driver, both contractors and employees, complies with federal laws for truckers.
Key FMCSA regulations for truck drivers
All commercial truck drivers in California must have a valid commercial driver’s license (CDL) and be at least 21 years old to engage in interstate commerce (driving the vehicle between states).
Drivers cannot operate the vehicle longer than eight hours without taking a 30-minute non-driving break and can drive a maximum of 11 hours before a mandatory 10-hour off-duty break.
Drivers are required to inspect the truck, trailer, and equipment daily before starting out. If they discover an issue, they must promptly report and log it.
All commercial drivers are subject to drug and alcohol testing. Use of certain over-the-counter or prescription drugs, like amphetamines, may also be restricted.
These are just a few of the regulations all drivers must follow. California also has state-specific regulations that commercial drivers must adhere to.
How FMCSA violations can prove liability in truck accidents
Failure to follow FMCSA standards can lead to fines or a suspension of the driver’s CDL. If the driver’s failure to follow FMCSA regulations contributes to an accident, then the driver may be held liable for the damage the other driver incurred.
Which regulations were violated, and how, can play a significant role in the outcome of your claim.
Hours of service violations
FMCSA hours of service (HOS) refers to the amount of time a trucker can drive, how long they must rest, how long they have to wait between driving sessions and the maximum number of hours they can operate within a seven- and eight-day period. If a trucker causes an accident because they’re fatigued from driving longer than permitted, it increases the likelihood of them being held liable for the crash.
Vehicle maintenance and cargo security
Some accidents are caused by fundamentally unsafe trucks, trailers, or both. Drivers should inspect the truck to ensure that no mechanical defects affect its safe drivability, and the cargo, ensuring it hasn’t shifted and made the truck unstable.
Individual owner-operators and trucking company employees driving a company fleet vehicle are each responsible for the safety of the truck they’re driving. However, if a trucking company’s vehicle is unsafe, and the company failed to rectify the issue, then it can be held liable if a malfunctioning truck was a factor in the accident.
Maintaining proper driving qualifications
All commercial drivers must follow the federal standards for obtaining a CDL in their state. Although each state may have additional regulations for commercial drivers, federal regulations set the minimum expectations for CDL holders.
If a driver lets their license expire but still continues to drive, this could affect their liability in an accident claim. Trucking companies are required to properly vet all drivers, whether it’s a contracted driver (not an employee) or a direct employee of the company. Failure of the trucking company to verify license status and truck driver training can expose them to liability for permitting an unsafe or unlicensed driver to operate a commercial vehicle.
How FMCSA violations strengthen a truck accident claim
Because FMCSA regulations are intended to promote safety in commercial vehicle operations, violating these rules can be interpreted as disregarding the safety of others on the road, an element of legal negligence. Demonstrating that breaking federal laws for truckers led to the crash can make it easier for your attorney to draw the link of causation between the truck driver’s action, the accident, and your injuries.
Hurt in a truck crash? We can help.
If you have been injured in a semi-truck accident, the attorneys at Ernst Law Group can help you secure fair compensation for your losses. Call us at (805) 541-0300 for a free consultation.
