Commercial trucks are held to a much higher safety standard than passenger vehicles, and for good reason, considering how large and heavy they are. With this state of affairs in mind, the federal government passed a number of strict rules that trucking companies and their drivers must follow at all times.
If you were injured in a truck accident in Arizona, it is worth learning about what those rules are and how a violation could affect your legal options. A violation of federal trucking regulations may provide important evidence in a personal injury claim when the violation contributed to the crash.
What Are Federal Trucking Regulations?
The Federal Motor Carrier Safety Administration, known as the FMCSA, is the federal agency responsible for regulating the commercial trucking industry. The safety rules it enforces are found under 49 CFR Parts 382 through 399.
These regulations cover a wide range of safety issues, from how many hours a driver can spend behind the wheel to how cargo must be loaded and secured. They exist because even a small lapse in safety practices can have life-altering consequences on the road.
Common FMCSA Violations That Lead to Crashes
Certain types of violations come up more often than others in Arizona truck accident cases. Knowing what the most frequently cited are can help you recognize whether a violation may have played a role in your crash.
Common violations include:
- Hours-of-service violations: Federal law generally limits a property-carrying driver to 11 hours of driving after 10 consecutive hours off duty. The driver generally cannot drive beyond the 14th consecutive hour after coming on duty and must take a 30-minute break after eight cumulative hours of driving without at least a 30-minute interruption.
- Vehicle maintenance failures: Trucking companies are required to keep their equipment in safe operating condition at all times. Failing to properly inspect and maintain critical systems like brakes and tires can lead to mechanical breakdowns on the highway.
- Driver qualification issues: Commercial drivers must meet applicable licensing and qualification requirements. Motor carriers must also comply with federal requirements concerning driver qualification files, medical certification, and drug and alcohol testing.
- Cargo securement violations: Federal rules set specific standards for how freight must be secured on a commercial vehicle. Improperly loaded cargo can shift during transit, causing the driver to lose control.
A trucking company that ignores any of these requirements puts every other driver on the road at risk. If one of these violations contributed to your accident, it can play a central role in your injury claim.
How Federal Violations Can Affect Your Truck Accident Claim
A violation of a safety law or regulation may affect an Arizona negligence claim, but a violation does not automatically establish liability. Depending on the rule involved and the circumstances, a court may treat the violation as negligence per se or consider it as evidence of negligence. The injured person must still establish the other requirements of the claim, including causation and damages.
This is one of the reasons truck accident claims often differ from standard car accident cases. Federal regulations can provide important evidence about the safety requirements that applied to a driver or motor carrier before a crash.
Who Can Be Held Liable in an Arizona Truck Accident Case?
Truck accident cases frequently involve more than just the driver. Under Arizona law, a motor carrier may be held vicariously liable under the doctrine of respondeat superior when an employee causes a crash while acting within the scope of employment. A motor carrier may also face claims based on its own conduct, depending on the circumstances
In addition to the carrier, other parties may also share fault depending on the circumstances. Maintenance providers and parts manufacturers, for instance, can also be part of the picture if their negligence contributed to the accident.
The Role of Evidence in a Truck Accident Lawsuit
Building a winning truck accident claim often comes down to getting the right records as soon as possible.
Key evidence in these cases may include:
- Electronic logging device data, which tracks the driver’s hours and duty status
- The truck’s event data recorder, sometimes called the black box, which captures speed and braking information
- Maintenance and inspection records from the trucking company
- The driver’s qualification file, including licensing and medical certifications
Some trucking records may be retained for only a limited period, making it important to identify and preserve relevant evidence as soon as possible after a crash. An attorney can take steps to request records and preserve evidence that may be relevant to the claim.
Contact the Phoenix Truck Accident Lawyers at KRLG Injury Lawyers to Schedule a Free Consultation
Truck accident claims can involve federal safety regulations, extensive records, and multiple potentially responsible parties. If you were injured in a commercial truck crash in Arizona, an attorney can investigate what happened and determine whether a regulatory violation may be relevant to your claim.
KRLG Injury Lawyers has more than 100 years of combined experience and has recovered over $250 million for injured clients. Our Phoenix truck accident attorneys can gather evidence, evaluate potential violations, and help you pursue compensation for your losses. Contact us today to schedule a schedule a free consultation today.
We serve Scottsdale, Phoenix, Maricopa County, & Arizona’s surrounding areas.
KRLG Injury Lawyers
7702 E Doubletree Ranch Rd #150, Scottsdale, AZ 85258
(623) 303-5754
