If you’re like most people, you may not like driving near commercial trucks on the road. Despite the importance of these vehicles to the economy of our nation, they can be incredibly intimidating due to their immense size. These fears are not unfounded, however, as accidents involving these vehicles are often catastrophic. As such, there are a number of rules and regulations in place that trucking companies must follow to ensure the safety of their drivers and others on the road. The following blog explores what you should know about these matters and the steps to take if you are involved in an accident with one of these vehicles. In addition, you’ll learn why working with Baltimore County truck accident attorneys to fight for the justice you deserve.
Who Regulates Trucking Companies?
In order to ensure safety on the roadways, there are a number of agencies responsible for ensuring that trucking companies adhere to the rules and regulations in place.
Federal Regulators
Companies must adhere to the Federal Motor Carrier Safety Administration (FMCSA), which is the primary agency responsible for overseeing compliance and commercial carrier safety. The Department of Transportation (DOT) sets broad guidelines for transportation, which the FMCSA will then enforce.
State Level Rules
Even though there are federal agencies that oversee the trucking industry, truck drivers and their employers are still subject to:
- Maryland traffic laws
- Maryland negligence statutes
- Venue and case logistics in local courts
The Most Important Trucking Regulations
While there are a considerable number of rules and regulations in place that truck drivers and the logistics companies must abide by, familiarizing yourself with some of the most important rules is critical, especially if you were injured in a collision involving a commercial vehicle.
Hours-Of-Service (HOS) Limits
Generally, the most important rule that trucking companies must adhere to is the hours-of-service mandate. Essentially, this limits how much time a driver can spend on the road to prevent falling asleep at the wheel and subsequent accidents. While you may not think driving is exhausting, this is a demanding job. As such, taking breaks and ensuring drivers get enough rest while traveling is critical to prevent accidents.
For most property-carrying drivers:
- Maximum of 11 hours driving after 10 consecutive off-duty hours
- Cannot drive beyond the 14-hour duty window
- Required 30-minute break after 8 cumulative hours of driving
- 60-70 hours per week to minimize the risk of fatigue
Electronic Logging Devices (ELDs)
Trucking companies and their drivers are required to manually and electronically log their hours driving and breaks to ensure compliance with the hours of service requirements. These replace easily falsified logbooks and can be incredibly important in the event of a collision with a commercial vehicle.
ELDs can show:
- Hours driven before a collision
- The last break or rest period taken
- A history of overworking or ignoring limits
Required Inspections, Maintenance, and Repair Records
Another important rule drivers and their companies must adhere to is performing routine and pre-trip inspections. Commercial carriers are required to ensure their vehicles are safe for operation on the road. As such, vehicles must undergo a full, detailed inspection at least once per year, while drivers are required to complete a pre-trip inspection before getting on the road.
Common maintenance-related causes of truck collisions include:
- Brake failure
- Tire blowouts
- Lighting and visibility issues
- Steering or suspension defects
Drug and Alcohol Testing
The FMCSA requires companies to comply with drug and alcohol testing rules. Testing usually includes:
- Pre-employment tests
- Random testing
- Post-accident tests (when mandated)
- Reasonable suspicion test
If you are involved in a truck collision, you should be wary of the following red flags:
- Delayed testing
- Missing documentation
- Failure to perform a test if required
Driver Qualification, Training, and Safe Hiring
The regulatory bodies that oversee commercial vehicles in the United States require that drivers be qualified to operate these vehicles. Driver safety heavily depends on:
- Training
- Experience
- Safe-driving history
Signs a carrier may have been negligent in the hiring or training process include:
- Ignoring poor safety history
- Inadequate onboarding
- Lack of supervision after violations
- Pressure to meet unrealistic expectations and schedules
What Trucking Companies Often Do Wrong
Understanding the violations that trucking companies and their employees often make that can lead to liability is critical. The earlier you can identify these issues, the better it may be for the outcome of your case.
Common Trucking Regulation Violations
- Driving beyond the hours-of-service limits
- Skipping the required 30-minute break
- Falsifying logs or manipulating data on the EDLs
- Poor vehicle maintenance
- Ignored inspections
- Unsafe or overweight cargo loads
- Failure to adequately train new drivers
How Trucking Regulations Can Strengthen an Accident Claim
If you have been injured in an accident with a semi-truck in Maryland, it’s important to understand how to show that violations of the rules in place led to the collision, which can ultimately impact the outcome of your injury claim. Federal trucking rules exist to help prevent accidents caused by fatigue, improperly secured cargo, or impaired driving. As such, if a company violates one of these rules, it can help create a connection to preventable negligence.
Negligence Elements
In order to bring a successful claim for negligence in Maryland, you’ll need to prove four elements. These are as follows:
- The driver or logistics company owed you a duty of care
- The driver or company breached that duty by acting negligently
- That breach directly caused your injuries
- You suffered damages as a direct result of your injuries
Regulations Can Help Prove Negligence
- You may be able to connect:
- The rule violated
- The safety purpose of the rule
- How the violation resulted in your injuries
Why Violations Aren’t Obvious at the Crash Scene
- You typically cannot visually tell:
- If the driver exceeded their hours-of-service limits
- Whether the truck was overloaded
- If maintenance was overdue
What Should I Do if I’m Involved in an Accident With a Truck?
Though being involved in an accident with a commercial vehicle can be overwhelming, the steps you take at the scene of the collision can have a considerable impact on the outcome of your case. As such, whether your accident occurs on I-95 or in Downtown Baltimore, understanding the steps you should take is critical to protecting your right to seek compensation from the negligent party for the damages you have suffered.
Step 1. Seek Immediate Medical Care
- Call 911 to report the accident and request emergency medical technicians
- Allow EMTs to treat you, even if you feel okay or injuries seem minor
- Accept transportation to the hospital if recommended or follow up with your doctor within 24 hours
Step 2. Preserve Evidence
If you are physically able to do so, you should:
- Take photos and videos of the damage to both vehicles
- Gather the company name and DOT number
- Document witness names, contact information, and statements
- Obtain a copy of the police report before leaving the scene
Step 3. Avoid Common Mistakes
- Avoid apologizing, which can be seen as assuming responsibility
- Do not avoid or delay medical care
- Do not provide statements to insurance companies without consulting an attorney
- Do not speculate about fault
Contact Our Baltimore County Personal Injury Attorneys
Unfortunately, filing a claim against a trucking company can be an incredibly challenging process. That’s why it’s critical to connect with an experienced attorney as soon as possible. At the Law Offices of Markey & Orsi, our dedicated legal team understands how overwhelming it can be to be involved in an accident with a vehicle of this size. As such, we will explore all opportunities to assist you through these matters. Contact us today to learn how we can fight for you.