If you have been injured in an accident involving a semi-truck, understanding trucking regulations and compliance can be crucial to winning your case. These regulations are designed to ensure the safety of all road users, and any violation by the trucking company or driver can be pivotal evidence in your personal injury claim. At CCHA Law, our knowledge of these regulations allows us to effectively advocate for victims and secure the compensation they deserve.
The Federal Motor Carrier Safety Administration (FMCSA) sets stringent rules for operating commercial vehicles on public roads. Violations of these rules by truck drivers or trucking companies can significantly impact your case. Here’s how:
Drivers must be at least 21 years old and obtain a commercial driver's license (CDL) appropriate for their vehicle. This includes passing both written and practical tests. Additionally, drivers must pass a physical exam conducted by a certified medical examiner to ensure they can handle the job's physical demands. Non-compliance in these areas can indicate negligence.
Drivers undergo regular testing to ensure they are not under the influence while operating a big truck. Pre-employment, post-accident, and random testing are required. If a driver involved in your accident failed to comply with these tests, it could be a strong point in your favor.
Regulatory agencies must inspect trucks to ensure they are in safe operating condition. Inspections cover critical components such as brakes, tires, lights, and exhaust systems. If an accident occurred due to mechanical failure and there is evidence of missed or failed inspections, this could support your claim.
To protect infrastructure, trucks must adhere to specific weight limits when crossing interstate highways. Overloaded trucks are harder to control and more likely to cause accidents. Evidence of weight limit violations can be crucial in proving negligence.
The Environmental Protection Agency (EPA) sets standards for reducing air pollution from trucks. Trucks must comply with these regulations, which include technologies to reduce harmful emissions. Non-compliance can be another point of negligence.
HOS regulations are designed to prevent driver fatigue, a significant cause of accidents. Drivers are limited to a maximum of 11 hours of driving following 10 consecutive hours off duty, and must take a 30-minute break after 8 hours of driving. If a truck driver involved in your accident violated these rules, it can be used to establish fault.
Transporting hazardous materials requires additional certifications and strict compliance with safety regulations. Violations in transporting hazardous materials can significantly increase the severity of an accident, making non-compliance a critical factor in your case.
In addition to federal regulations, Indiana has its own set of rules and requirements for trucking operations. Violations of these state-specific regulations can also strengthen your personal injury claim.
Vehicles exceeding standard weight limits must obtain an oversized/overweight permit from the Indiana Department of Revenue. Non-compliance can indicate a disregard for state safety laws.
Commercial vehicles using the Indiana Toll Road (I-90) and the Wabash Memorial Bridge must pay tolls based on weight, size, and distance traveled. If a truck involved in your accident bypassed these systems or failed to comply with toll regulations, it could support your case.
Indiana imposes specific size restrictions on commercial vehicles. Violations of height, width, or length restrictions can contribute to the cause of an accident and be used to demonstrate negligence.
For vehicles operating solely within Indiana, an intrastate operating authority must be established. Failure to obtain proper authorization and meet safety and insurance requirements can be significant in your claim.
At CCHA Law, we understand the intricacies of trucking regulations and how violations can impact personal injury cases. Our expertise allows us to:
Identify Violations: We thoroughly investigate accidents to identify any regulatory violations that could have contributed to the crash.
Gather Evidence: We collect crucial evidence, including inspection records, driver logs, and maintenance records, to build a strong case.
Prove Negligence: By demonstrating non-compliance with federal and state regulations, we establish negligence and liability on the part of the trucking company or driver.
Maximize Compensation: Understanding the full scope of violations allows us to argue for the maximum compensation you deserve for medical expenses, lost wages, pain and suffering, and more.
Hours of Service (HOS) Violations: Drivers exceeding the maximum hours can cause fatigue-related accidents.
Improper Vehicle Maintenance: Lack of regular inspections can lead to mechanical failures.
Overloading Trucks: Exceeding weight limits can make trucks difficult to control.
Unqualified Drivers: Operating without proper licenses or medical certifications can be a major liability.
Improper Cargo Securement: Failing to properly secure cargo can cause accidents or spills.
Federal and state agencies coordinate efforts to ensure safety and compliance across the trucking industry. Inspectors conduct roadside inspections and monitor adherence to regulations. Penalties for non-compliance can include fines, out-of-service orders, and even criminal charges, all of which can be used to support your case.
If you have been injured in a semi-truck accident, understanding the trucking regulations that govern these vehicles can be critical to your case. At CCHA Law, our deep knowledge of these regulations allows us to effectively advocate for victims and secure the compensation they deserve. We provide expert legal support for trucking accident victims throughout Indiana, including Indianapolis, Fishers, Carmel, Westfield, Zionsville, Tipton, Ft. Wayne, and Noblesville.
CCHA Law does not charge upfront fees for most injury cases. We only get paid if we receive compensation for you. We communicate clearly and let you decide whether to settle or go to trial.
We help anyone involved with trucking accidents and their families move forward. We strive for the best outcome for your losses and provide compassionate support.
We can help you understand your rights and options. We are here to provide personalized guidance. Sign up for a free consultation with one of our legal experts today.