Due to their size and weight, commercial trucks have the potential to be incredibly dangerous. In order to protect truck operators and other drivers on the road, several laws are in place to strictly regulate the actions of truck drivers and the companies that employ them. The Federal Motor Carrier Safety Administration (FMCSA), along with a variety of state-level agencies, is tasked with regulating and providing safety oversight for commercial motor vehicles (CMVs).
If you or a loved one was in an accident involving a commercial truck, it is important to choose an attorney who understands the complex federal and California trucking regulations which could impact your case. Our team at Shore, McKinley & Conger, LLP, in Stockton, CA, can determine which regulations apply to your situation and build a strong case for compensation. Call our office at (916) 307-6880 or contact us online today to schedule a consultation with one of our attorneys.
Federal Trucking Regulations
The majority of trucking regulations are set at the federal level by the FMCSA. These rules cover a range of aspects of the trucking industry including:
- Rest requirements
- Proper driver training and qualifications
- Truck size and weight
- Hours of service
- Maintenance of the vehicle
Federal laws are intended to reduce the number of accidents and improve safety for motorists, as well as commercial truck drivers. Unfortunately, trucking companies and drivers regularly ignore or violate the safety provisions set forth by the FMCSA.
If you were involved in an accident, it is important to choose an attorney who understands the complex trucking regulations which could impact your case.
In addition to federal laws, California has specific regulations stemming from a variety of agencies, such as the California Department of Transportation, Department of Motor Vehicles, and California Highway Patrol. For example, truck drivers in California are subject to the laws regulating rest requirements for hourly employees. Drivers must take a 30-minute break within their first five hours of work, and a second 30-minute break if they work more than 10 hours on the same day. In addition, they qualify for a paid 10-minute break every four hours on the clock. These requirements must be met, in addition to the federal hours of service regulations set by the FMCSA.
Some of the most common causes of truck accidents directly relate to violations of FMCSA regulations. These causes include:
- Trucking companies failing to properly educate their drivers and employees on related regulations
- Companies hiring or retaining drivers who were caught driving under the influence of drugs or alcohol
- Trucking companies encouraging their drivers to violate regulations by refusing to pay for inspections, skipping required rest time, or failing to take time out of service due to safety concerns
Drivers are also required to use extreme caution while operating a vehicle in hazardous conditions and discontinue operation if conditions become sufficiently dangerous. Failure to comply with any FMCSA or California trucking regulation places everyone else on the road at risk.
The Attorney's Role
Truck accidents are highly complex and require an advanced understanding of the laws and regulations which affect commercial vehicles. Our team at Shore, McKinley & Conger has helped many clients successfully collect compensation in a variety of accident cases. We will work tirelessly on your case to hold any negligent parties responsible for their actions while you and your family focus on healing.
Contact Us Today
At Shore, McKinley & Conger, we know how devastating an accident involving a large truck can be. Whether you are a regular motorist or a truck driver, the personal injury attorneys at our firm can help defend your rights and pursue the compensation you deserve. Contact our practice online or call (916) 307-6880 today to schedule your initial case evaluation.