The trucking industry is a vitally important part of the United States and the global economy. Trucking companies and drivers ensure that goods are distributed and stocked all over the world. However, because of the nature of this type of work, there are many regulations that govern how trucking companies and truck drivers operate to ensure safe and efficient practices. Continue reading for more information and contact an experienced Pike County, KY truck accident lawyer for skilled legal assistance today.
What Regulations Govern Truck Drivers and Trucking Companies?
In the United States, truck drivers and companies are subjected to various rules and regulations at both the state and federal levels. At the federal level, the main agency responsible for regulating the trucking industry is the FMCSA (Federal Motor Carrier Safety Administration), an agency of the U.S. Department of Transportation (DOT). The FMSCA enforces a variety of rules and guidelines designed to improve safety and ensure that trucking companies and drivers abide by federal standards. Most trucking companies must comply with the federal rules in place due to the interstate nature of this job. However, Kentucky has additional requirements for trucks operating in-state.
At the state level, the Kentucky Transportation Cabinet (KYTC) implements regulations. The KYTC requires large trucks and trucking companies to meet minimum standards when operating on state highways to protect truckers, other motorists, and highway infrastructure.
What Standards Are Truck Drivers and Companies Held To?
Trucking companies and their drivers are held to strict standards to ensure safe operation and travel, not only for drivers, but for other vehicles on the road. A truck transporting a full load can weigh up to 40 tons, so ensuring that these vehicles are regulated is critical in the prevention and reduction of catastrophic accidents.
Common Areas Regulated in the Trucking Industry
Some of the topics that are addressed by both the FMSCA and KYTC include the following.
- Specialized training
- Insurance requirements
- Qualifications for drivers and instructors
- Number of hours drivers can be on the road
- Inspections of the vehicle
- Repairs and maintenance
- Parts and accessories required for safe operation
- Drug and alcohol testing
- Requirements for transporting hazardous materials
- Legal weights and dimensions
- Work zones
- Rest areas
- Safe driving practices
- Environmental regulations
Hours-of-Service Rules and Driver Fatigue
One of the most important rules that logistics companies and their drivers must adhere to is the Hours of Service rule. Unfortunately, many assume that, because truck drivers are seated, this job is not strenuous or tiring. However, the repetitive nature of driving a truck can lead to exhaustion and fatigue. As such, one of the most important regulations limits how many hours a driver can operate their vehicle before mandatory rest periods.
Why Driving Time Is Strictly Limited
As mentioned, driver fatigue is a common issue and one of the leading causes of accidents involving these vehicles. Drivers who are exhausted may experience microsleeps, which are short periods in which someone loses consciousness for up to 15 seconds, often without realizing it. Additionally, tired drivers may have delayed reaction times and blurred vision.
The FMSCA Hours-of-Service requires that drivers take a 30-minute non-driving break after a period of driving 8 cumulative hours without stopping. They are also limited to driving a maximum of 11 hours after being off-duty for 10 consecutive hours.
Weight Limits and Load Regulations
As mentioned, a truck carrying a full load can weigh up to 80,000 pounds. This is the maximum weight a truck can carry. In many instances, trucks are required to regularly stop at weigh stations when carrying over 10,000 pounds.
Why Overweight Trucks Are Dangerous
The more weight a truck is carrying, the more dangerous it can be. This is because studies estimate that it can take a truck in good condition the length of two football fields to stop. The more weight a truck carries, the longer it will take to stop. Additionally, these vehicles are at a higher risk of rollover accidents, especially if the cargo has not been properly loaded, as it can cause an uncontrollable shift in balance.
How Trucking Regulation Violations Affect Accident Claims
If you have suffered injuries in a truck accident, it can be incredibly devastating due to the immense size of these vehicles. However, if you have reason to believe the accident was due to a violation of the regulations designed to help reduce preventable accidents, it can be even more upsetting. These matters can have a serious impact on the outcome of your case.
Proving Negligence Through Regulatory Violations
Violations can help serve as evidence of negligence, as the drivers have a responsibility to meet the standards established by the FMCSA and the Kentucky Transportation Cabinet. Failure to do so may constitute negligence on behalf of the driver and their company, as it shows that the safety rules in place were violated, as opposed to driver error or unforeseen mechanical failures.
However, it’s important to understand that regulatory accidents may not be prevalent at the scene of the accident. For example, you may not discover that a driver forged the logbooks to make it appear as though they took a required break until an investigation has occurred.
Why Trucking Companies Share Responsibility
In many instances, if you have been injured in an accident with a negligent semi-truck driver, you may be able to hold the company liable for the injuries you suffered. It’s important to understand that, while the driver is ultimately responsible because they are operating the vehicle, you’ll find that companies often pressure drivers to disregard important safety measures. Additionally, companies are obligated to ensure that vehicles are adequately maintained and drivers receive proper training. Failure to do so can result in a company facing liability following an accident.
Contact Our Pikeville, Kentucky Personal Injury Firm
If you have been injured in a collision involving a semi-truck in eastern Kentucky, working with an experienced attorney from Shane Hall, Attorney at Law, PLLC, is imperative. Our team understands the devastating impact these accidents can have on your life, which is why we will do everything in our power to help you recover the compensation and justice you deserve. Contact us today to schedule a free consultation with a member of our team.
