There are thousands of fatal accidents involving large commercial trucks every year. American law recognizes both the dangers posed by these vehicles and their pivotal role in the economy. The Federal Motor Carrier Safety Regulations (or the “FMCSRs”) were created to regulate these large, dangerous vehicles and protect motorists. The Kentucky truck accident attorneys at Saladino & Schaaf are well-versed in these regulations and the legal remedies available to victims.
The FMCSRs do not provide a private right of action, but they do regulate those who drive these trucks and the companies that hire them. If a truck driver or trucking company violates the FMCSRs, they can be held financially responsible for the resulting injuries.
What Do the FMCSRs Do?
The FMCSRs obligate drivers and trucking companies to follow specific safety practices. Violating them comes with penalties, and in cases of severe violations, the truck driver’s CDL can be suspended entirely. Ultimately, these regulations are intended to protect ordinary motorists from the dangers of these trucks on the road.
What follows are several examples of violations of the FMCSRs that can be the basis for lawsuits if injuries result from the violations.
Hours-of-Service Regulations
The FMCSRs implement hours-of-service regulations that limit when truck drivers can drive their vehicles and how long the drivers can drive without taking a break. These limits are put into place to make sure that the drivers of these dangerous vehicles are awake and alert while driving. They operate on a continuing basis to reduce drivers’ overall fatigue.
Vehicle Maintenance Regulations
The FMCSRs also govern the maintenance standards for commercial motor vehicles such as trucks, semis, and tractor trailers. These vehicles are required to use specific brake-systems, ensure their lights flash at a specific color and frequency, and are otherwise required to prevent other specific mechanical defects.
Driver Qualifications
The FMCSRs mandate strict rules as to who can and cannot be hired to drive a truck by a trucking company. The responsibility of complying with these rules are placed upon both the truck’s driver and the company that operates the truck.
Mandatory Drug & Alcohol Testing
A truck driver’s employer is required to drug test any driver who was performing safety-sensitive functions on the truck—including maintenance work or driving it—after an accident.
Financial Responsibility Requirements
Under the FMCSRs, trucking companies are required to establish financial responsibility for a minimum of $750,000 in either insurance policies, bond, or through self-insuring. The requirement that the companies carry at least $750,000 in insurance coverage is intended to serve two different purposes. First, that $750,000 insurance policy is intended to ensure that the families of those who are injured or killed in truck accidents are able to recover compensation for their injuries.
However, this insurance coverage rule also serves a second purpose: indirectly encouraging safe practices and procedures through market forces. Theoretically, the imposition of insurance coverage requirements forces trucking companies to maintain safe practices and procedures. Failure to do so can lead insurance companies to charge trucking companies higher premiums or even refuse to provide coverage altogether —effectively preventing them from doing business.
Statutory Employment
Ordinarily, an injured person must prove that a driver was the employee of a company if the injured person is going to recover from that company. However, a different standard applies where the FMCSRs are concerned.
Under the FMCSRs, drivers of commercial trucks—even if they are independent contractors—are considered statutory employees under the law. This means that their employers can be held liable—regardless of the driver’s actual employment status.
Negligence Per Se: How Kentucky Implements the FMCSRs in Truck Accident Litigation
Under Kentucky tort law, drivers have a duty to exercise reasonable care toward other motorists while operating on public roads and highways. Kentucky also allows for claims of negligence per se. Under a claim of negligence per se, the duty of care is breached when a driver fails to comply with a statute, ordinance, or administrative regulation.
The FMCSRs are administrative regulations that can be used for negligence per se claims. Companies that fail to comply with the legal obligations imposed by the FMCSRs and injure or kill other people as a result of that failure can be financially responsible for those injuries or death under theories of negligence per se.
Saladino & Schaaf, PLLC is Here for You
Due to the size and speed of commercial trucks, collisions involving them can result in severe injuries or even death. The Kentucky truck accident attorneys at Saladino & Schaaf understand the intricacies of the FMCSRs and have the experience needed to litigate these complex cases.
Our team is here to consult with you about your legal rights, explore your options, and help you get the compensation you deserve. Call us today at (270) 444-0406 or (270) 753-1529 for your free consultation. Our offices are conveniently located in Paducah and Murray.