South Carolina truck drivers and trucking companies are subject to numerous regulations. These include federal regulations for truck drivers engaged in interstate commerce. The Federal Motor Carrier Safety Administration (FMCSA) is the primary agency responsible for enforcing these rules. Violations could make a trucker or trucking company liable for a crash.
Understanding Federal Trucking Regulations
Vital regulations that South Carolina truck drivers and trucking companies must follow include those involving:
- Hours of Service – Federal Hours of Service rules govern how much time truck drivers can spend behind the wheel in a given day or week. For example, truck drivers carrying property can only drive for 11 hours a day and 60 or 70 hours a week (depending on the trucking company’s schedule).
- CDL – A CDL is a Commercial Driver’s License. All commercial truck drivers must have one to legally drive a semi-truck or other commercial vehicle. While individual states set their own rules for obtaining a CDL, the FMCSA requires new drivers seeking their first CDL to go through Entry-Level Driver Training that meets specific standards.
- Maintenance – FMCSA guidelines govern certain maintenance and inspection requirements for truck drivers. For instance, federal truck regulations require companies to “systematically inspect, repair, and maintain” all the vehicles in their fleets. Another rule requires truck drivers to inspect their vehicles before every trip to make sure they are in “safe operating condition.”
- Cargo Securement and Loading – The FMCSA has established strict securement rules that truck drivers and cargo loaders must adhere to. Among other restrictions, tie-down devices must resist 0.8 times the gravitational force in forward deceleration, 0.5 times the gravitational force in rearward acceleration, and 0.5 times the gravitational force in lateral acceleration.
What Happens If a Truck Driver Violates FMCSA Trucking Regulations?
Violations of federal truck regulations by truck drivers or trucking companies that contribute to a crash could make these parties liable for it. While these offenses are typically not criminal, they can still lead to CDL suspensions and other penalties. Moreover, a violation could be evidence of negligence per se.
In truck accident claims, negligence means the truck driver or another party didn’t take reasonable steps to prevent a crash. Negligence per se means negligence “in itself” – that is, a violation of a safety standard is enough to establish a party’s negligence absent other facts.
For example, suppose a truck driver broke Hours of Service rules by driving for more than 11 hours in a single day. If the truck driver then caused a crash, the fact that they broke federal rules may be enough to prove their negligence and, subsequently, their liability for your injuries.
How Stewart Law Offices Can Help Strengthen Your Truck Accident Claim
The truck accident attorneys with Stewart Law Offices know the state and federal trucking regulations your case may involve and how to prove the defendant violated them. We can review evidence such as driver logs, employment records, internal communications, and “black box” data to build your case and establish negligence per se.
Contact Our South Carolina Truck Accident Lawyers
Stewart Law Offices is committed to holding careless truckers and trucking companies accountable when they break the rules. Call now or complete our contact form for a free consultation with our South Carolina truck accident attorneys.
