The Federal Motor Carrier Safety Administration has issued many regulations aimed at making trucking safer and reducing the risk of crashes. Many of these regulations are found in 49 CFR Parts 350-399 – FMCSA Regulations.
Unfortunately, not all truck drivers or trucking companies follow these rules — and when they don’t, serious consequences can result. One of those consequences could involve the driver and the trucking company being held legally liable for a truck crash if it resulted from a violation.
Marc Brown Law Firm can help crash victims understand what their rights are if they were involved in a collision resulting from an FMCSA rule violation. Our legal team has an in-depth knowledge of these regulations and of the legal strategies to use to help you recover compensation resulting from compliance failures.
Call our South Carolina trucking accident lawyers if you or someone you love was hurt or killed in a truck crash so we can put this knowledge to work for you in your pursuit of justice.
What are some common FMCSA compliance failures?
According to the Federal Motor Carrier Safety Administration, the most common violations of Federal Motor Carrier Safety Regulations include:
- Moving violations (392.2): This includes failure to follow required safety rules by speeding, tailgating, making improper lane changes, reckless driving, improper turns, failure to yield the right of way, violating railroad grade crossing rules, or not obeying traffic control devices.
- Using a handheld mobile phone while operating a commercial motor vehicle (392.82)
- Being in possession of a narcotic drug, amphetamine, or alcohol while on duty or driving while impaired (392.4(a) and 392.5(a)(3))
- Failing to use your hazard warning flashers (392.22(b))
- Driving while texting (392.80(a))
Drivers and trucking companies may also violate other FMCSA regulations, including:
- Hours of service rules limit how long a driver can operate a commercial motor vehicle without taking a break
- Rules regarding safe cargo loading, including regulations requiring certain items to be tied down or secured and requiring loads to be balanced and allowable within truck weight limits
These are just some of the many common violations. Because the FMCSA regulations are so extensive, it is very important that you have a legal advocate who understands and can interpret these rules and how they impact your claim.
What happens when trucking companies fail FMCSA compliance?
When truck drivers or trucking companies fail FMCSA compliance, they may be subject to penalties under the Administration’s regulatory powers.
Unfortunately, in some cases, the compliance violations result in a truck crash. When this occurs, collision victims or surviving loved ones of those killed in an accident can pursue legal action.
Traditionally, to pursue a claim against a driver or the trucking company, crash victims would need to show negligence. The good news is that a violation of a safety rule can create a presumption of negligence. The simple fact of the rule violation alone should be enough to give your case a good chance at success.
That’s why it’s so important to have an accident attorney in South Carolina who understands FMCSA rules and can help you to demonstrate when a violation occurred and to prove that the rule was broken.
Contact a South Carolina truck accident lawyer today
Marc Brown Law Firm has a long and successful history of representing clients injured by trucking companies that violated FMCSA rules. Our firm can bring our experience to your claim to help you fight for justice. To find out more, give us a call or contact us online to schedule your free consultation with a South Carolina truck accident lawyer today.