In the immediate aftermath of your collision with a commercial truck, you may jump to the conclusion that the truck driver was acting recklessly behind the wheel. While this may be true, the story may go deeper than this. That is, when a truck is involved in a crash, it is likely that more than one party played a negligent role. Without further ado, please read on to discover who can be held liable after a trucking violation prompts a collision and how a seasoned San Angelo, Texas truck accident lawyer at The Mathis Law Firm, PLLC, can help you identify the appropriate party.
What are the federal regulations imposed on commercial truck drivers?
In short, the Federal Motor Carrier Safety Administration (FMCSA) enforces strict regulations for commercial truck drivers in an effort to prevent collisions on the roads. The rules center around drug and alcohol testing, driver qualification and safety, truck weight and size limits, and arguably most notably, hours of service (HOS) policies. Complying with HOS rules is deemed critical because fatigued driving is one of the leading causes of truck crashes. That said, these federal guidelines read as follows:
- A truck driver must not drive over 11 hours after 10 consecutive hours off-duty.
- A truck driver must not drive after their 14th hour on duty, regardless of breaks taken.
- A truck driver must take a 30-minute break after eight cumulative hours of driving.
- A truck driver must not be on duty for more than 60 hours within seven consecutive days, or 70 hours within eight consecutive days.
Who is liable for an FMCSA trucking violation that causes a collision?
After your crash, you may obtain concrete evidence that the involved truck driver dozed off behind the wheel. This tidbit of information may have fallen on your lap, so to speak, through their accidental admittance of fault, an eyewitness who stayed at the scene and testified to a responding officer, etc. Even with this intel, though, you must investigate further to determine whether any other party can be liable for your collision.
For example, a truck driver may have violated the federal HOS guidelines, but their trucking company employer may have forced their hand. That is, they may have scheduled them to work for longer than 60 hours a week due to an understaffed workplace. Or, a truck driver may have felt pressured to skip their allotted break time because they were expected to meet tight, unrealistic deadlines or else face severe retaliation from their employer.
Given these considerations, it is in your best interest to obtain further evidence from the trucking company (i.e., schedule logs, testimonies from staff, etc). Rest assured, at The Mathis Law Firm, PLLC, we treat every case with kid gloves, and you will notice this upon your initial phone call. So please do not hesitate to allow a competent San Angelo, Texas auto accident lawyer to represent you in your upcoming case.
