The Federal Motor Carrier Safety Administration (FMCSA) establishes rules and provides oversight of them. If you need help in regards to a truck accident case contact our Albuquerque truck accident attorney today.
According to this federal organization, some of the most common violations of federal truck driving rules include the following:
Hours of Service Rules in Truck Driving
Because fatigued driving is such a recognized risk factor for serious truck crashes, the federal government has established strict hours-of-service (HOS) rules that establish upward limits on how many hours a truck driver can drive before being required to take a break or wait until the next day to resume work. These limits include:
- Eleven hours a day after ten consecutive hours off duty
- Maximum of 14 consecutive hours after coming on duty, following ten consecutive hours off duty
- 30-minute driving break after driving eight hours without at least a 30-minute interruption
- Maximum of 60 hours on duty for seven consecutive days or 70 hours on duty for eight consecutive days after taking at least 34 or more consecutive hours off duty
Some of the most common violations related to HOS include the following:
- False record of duty status
- No record of duty status
- Log does not include locations, miles traveled, or other required information
- Electronic logging device issues
- Failure to certify the accuracy of the information gathered by the electronic logging device
Distracted Truck Driving
Truck drivers can increase the risk of crashes when they are distracted. Common distracted-driving-related FMCSA violations include using a hand-held mobile device or texting while operating a commercial motor vehicle.
Drug and Alcohol Violations
The federal government imposes testing requirements for commercial truck drivers, requiring employers to test drivers upon hire, after certain accidents, randomly, and after a substance abuse or alcohol violation has occurred. Still, truck drivers may violate these rules.
Moving Violations
Some of the most common moving violations that truck drivers are cited for include the following:
- Speeding
- Improper lane changes
- Reckless driving
- Improper turns
- Railroad grade crossing violations
- Failure to obey traffic control devices
- Failure to yield the right of way
- Following too closely
How FMCSA Compliance Failures Can Affect a Truck Accident Claim
FMCSA compliance failures can affect your truck accident claim in many ways. The most relevant way is that if a law enforcement officer cited the truck driver for a violation at the time of the accident, the violation may be considered a contributing factor to the accident.
Past FMCSA violations can provide evidence of a trucking company’s culture of prioritizing profits over safety. For example, if the trucking company or truck driver had multiple violations, this could indicate that the same violations may have been occurring around the time of the accident.
An experienced truck accident lawyer can review your situation and explain how violations may affect your claim.
Contact Our Truck Accident Lawyers for Help Today
At Caruso Law Offices, P.C., our truck accident lawyers and support staff live and work in New Mexico. We want to protect the rights of the injured and have had significant success in truck accident cases. Contact us today to take advantage of a free consultation at (505) 369-0744.