Truck drivers and trucking companies must follow regulations put in place by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA has established many rules aimed at ensuring that trucks can operate safely on the roads.
These regulations address a wide variety of issues, from driver training to the number of hours drivers can operate trucks to how cargo must be loaded. The goal is to establish minimum standards of care and ensure that truckers and trucking companies take proper steps to protect other motorists.
It is important to understand the FMCSA federal trucking regulations because a violation of these rules could create a presumption of negligence that makes it easier to prove liability after a truck crash. Marc Brown Law Firm knows these rules and regulations inside and out, and we can bring that legal knowledge to your claim if you or a loved one was hurt in a crash.
To find out how a South Carolina truck accident lawyer can help you, give us a call or contact us online today.
What are the FMCSA federal trucking regulations?
49 CFR Parts 300-399 – FMCSA Regulations are the sections of the U.S. Code of Federal Regulations that include rules and requirements established by the Federal Motor Carrier Safety Administration.
The FMCSA also has additional rules for hazardous material regulations found within 49 CFR Parts 100-180 – Hazardous Materials Regulations and 49 CFR Part 571 – Federal Motor Vehicle Safety Standards.
These regulations govern many aspects of the trucking industry, but some of the most important and most commonly known regulations include:
- Regulations limiting the hours can drive before taking a rest break, found within Part 395
- Rules for inspection, repair, and maintenance are found within Part 396
- Rules establishing the minimum levels of financial responsibility for trucking companies found within Part 387
It is up to drivers and trucking companies to understand and follow these rules to keep the trucker and everyone else on the road safe from harm.
What happens when FMCSA regulations are violated?
When FMCSA regulations are violated, the risk of an accident is increased. Rule violations can also make it easier to prove that a truck driver or trucking company should be held liable for losses.
In a typical truck accident claim, you must prove negligence, which means showing that the truck driver did something unreasonably careless that an average, reasonable trucker wouldn’t have. If you can prove negligence was the direct cause of your crash, you should be entitled to compensation.
A violation of a safety rule, including FMCSA regulations, can create a presumption of negligence. This makes proving your claim easier because you can point to the rule violation as your evidence that the driver fell short in his obligations to you.
Of course, you need to understand all of the rules and what they require in order to use this legal strategy to pursue your claim.
This is why it is so important to find an experienced South Carolina accident lawyer who knows the regulations inside and out, who can evaluate the trucker’s behavior compared with the requirements, and who can determine if a compliance breach occurred.
Marc Brown Law Firm can help. Our legal team has studied and applied FMCSA rules, and we are ready to put that legal knowledge to work to help you make your claim.
Contact a South Carolina truck accident lawyer today
If you or someone you love was in a truck crash, give us a call today so we can begin an investigation to determine if FMCSA rules were violated and so we can go to work helping you build a strong case. Your consultation is free, so reach out to our South Carolina truck accident lawyers to get started.