Common Violations by Trucking Companies That Lead to Injury

Trucking accidents are different from other types of vehicle accidents in a number of important ways. One of the biggest factors that complicate these claims is the FMCSA and their trucking regulations. There’s good reason for trucking companies to be heavily regulated—they move millions of tons of cargo across the country, and they’re in a position to cause grave harm. Regulations keep trucking companies and drivers operating in a safe fashion.

When companies fail to abide by federal regulations, they can be hit with heavy penalties and fines. Even worse, their drivers could cause preventable accidents. If you’ve been involved in a crash with an 18-wheeler, call Biby Law Firm to learn more about your legal options.

Why do trucking regulations matter?

Trucks’ size, speed, and weight pose unique dangers to other drivers and passengers on the road. Leaving this industry unregulated would almost guarantee that accident numbers would rise. Commercial trucks present a threat that other vehicles don’t, justifying a regulatory scheme that solely applies to them.

FMCSA regulations cover the types of trucking activities and features that put other road users at greatest risk. Putting these types of regulations in place gives companies a strong incentive to drive safely—they know that if they are found violating these rules, they will likely be fined. On top of that, if their driver causes an accident because they violated these rules, odds are good that the other party will have a much stronger case against them.

Common trucking company violations

While every Oklahoma truck accident is different, when you see crash reports as often as truck accident lawyers do, certain trends start to pop up. Some of the most common trucking company violations that cause serious harm to drivers and passengers are detailed here.

Driver fatigue and hours-of-service violations

This is a massive issue in the trucking industry, even with the stringent hours-of-service regulations currently in place. Commercial drivers are prone to fatigue because of the demanding yet routine nature of their work. Because of the mental and physical demands on truck drivers, the FMCSA has strict hours-of-service requirements. These regulations dictate how long a driver can be on the road without a break, when they must finish driving for the day after beginning a trip, and how many hours they can drive in a seven- or eight-day period.

Despite these regulations, hours-of-service violations are incredibly common. Trucking companies put enormous pressure on drivers to drive beyond their legally permitted hours to finish hauls on time and save money. The result: drivers fall asleep, fail to respond to obstacles on time, and cause entirely preventable collisions.

Overloaded or improperly secured cargo

Driving with dozens of tons of cargo is a difficult task, and cargo securement requirements are designed to ensure cargo remains safely in place during transit, reducing the risk of rollovers, spills, and accidents. A passenger car with almost no cargo can switch lanes quickly without any loss of control. But when a truck carrying 20 tons of cargo does the same thing, shifting cargo can cause the truck to become unstable, potentially leading to accidents. This is true even when cargo is properly secured; now imagine how much worse it is when cargo is stacked improperly, loosely secured, or loaded incorrectly.

A truck with improperly secured cargo can roll over, drift off the road into a guardrail, or spill its cargo into traffic. When a company violates cargo securement regulations, they may be held liable for damage caused to other vehicles, bodily harm caused to other people, and damage to the cargo lost.

Poor vehicle maintenance

Federal law outlines strict maintenance requirements for tractor-trailers. It is impossible to truly compare the maintenance needs of a standard passenger vehicle to those of a tractor-trailer. A tractor-trailer puts on more miles, runs for longer periods of time, and carries cargo loads a passenger vehicle could never even attempt. That type of usage puts a lot of strain on a vehicle, and regular inspections and maintenance ensure that key systems are still working properly. While these regulations are fairly standard and ultimately aim to protect a trucking company’s investment, companies have still been caught ignoring them. They may delay inspections to save time or ignore necessary repairs to save money. Then, when brakes fail or tires blow out, they are left on the hook for the accident they caused and the penalties for failing to follow federal regulations.

Falsified logbooks and records

How does the FMCSA track whether or not trucking companies are in compliance with federal laws? Since 2017, most commercial drivers are required to use electronic logging devices (ELDs), though some narrow exemptions still permit use of paper logs. It is all too easy to falsify these records, and when companies do, the consequences can be significant.

Even with electronic logging devices, some companies have found ways to falsify documentation. They may tamper with devices or attempt to alter data after a crash happens. This is why it is crucial for your truck accident lawyer to gain access to important evidence immediately.

How these violations may affect your legal case

When a trucking company fails to abide by the law and people are hurt as a result, they can be held liable for the injuries and property damage they cause. In Oklahoma, violating trucking regulations may support a claim of negligence, strengthening the injured party’s case. So while your attorney will also look into other forms of evidence to support your claim, violations of federal regulations will typically work in your favor in a truck accident investigation.

Find out how Biby Law Firm can help you fight for compensation

If you’ve been injured in a truck accident in Oklahoma, you don’t have to fight for compensation alone. Let’s hold the trucking company accountable and pursue full and fair compensation. Call us or contact our team online to get started.