Trucking is one of the most important industries in the United States. Almost 80% of all freight is transported around the country on trucks. When trucks cross state lines, they are engaged in interstate commerce.
The Federal Motor Carrier Safety Administration (FMCSA) is the main federal agency which sets safety regulations for this industry. These regulations are designed to improve safety and reduce the number of accidents on the road. The FMCSA has set hundreds of regulations which impact every aspect of trucking. Although states like Iowa can also set their own standards, the federal ones are the most important.
If you are involved in a truck accident, then these regulations might play a role in your case. Call Ball, Kirk & Holm, P.C. A Cedar Falls truck accident lawyer can analyze what you know about the crash and investigate further. Our lawyers are always available, 24/7, for our clients. Below, we highlight some of the most important federal trucking regulations.
Maximum Hours Regulations (Hours of Service)
Tired truckers are a huge threat to public safety, so the FMCSA limits the number of hours they can work and drive in a day. These are called “hours of service” regulations, and there are separate regs for truckers who transport people and those who haul only goods.
Under the regulations, a trucker who transports goods cannot drive for more than 11 hours in a 14-hour shift and cannot work more than 60 hours in seven consecutive days or more than 70 in eight consecutive days. Truckers also must take a half hour break if they have been driving for 8 straight hours. A sleeper berth break is an example.
Unfortunately, many truckers feel intense pressure to get to their destinations as fast as they can. They might drive all night, which leaves them feeling exhausted. Tired drivers make errors behind the wheel, it’s that simple.
If you were struck by a truck, we can investigate whether the trucker was working too many hours. They must keep logs documenting how many hours they haul. The truck might also have data which we can use.
Cell Phone Prohibitions
The FMCSA also prohibits use of handheld cell phones. These devices are a major source of distracted driving. Someone who is holding a phone has at least one hand off the wheel, which will make sudden maneuvers difficult. Truckers who violate this rule can face fines.
However, the agency allows so-called “hands free” devices. In reality, a “hands free” device is still distracting. It can draw a driver’s eyes off the road—as well as their mind. A trucker might become immersed in a conversation and not pay attention to what is going on outside the truck, even if they are gripping the steering wheel with both hands. The risk of an accident is still serious.
Required Physical Exams
The FMCSA requires that a trucker pass a physical exam every two years. This requirement ensures that drivers are healthy enough to haul. This is a grueling profession. You don’t want a trucker falling asleep because they have sleep apnea or have a stroke.
Required Drug Testing
FMCSA mandates drug testing in the following situations:
- Before a trucker is hired; and
- Whenever the trucking company has reason to suspect the trucker is intoxicated or high; and
- Randomly throughout the year.
Also, FMCSA regulations require testing after many truck accidents. If a trucker fails a test, they should be suspended. We can seek out information about drug testing for use in your truck accident lawsuit. For example, a drunk or high trucker is almost always at fault for a crash.
Pre-Trip Inspections
The FMCSA also requires a pre-trip inspection. The trucker must work through a checklist and ensure the truck is in good working order before pulling out onto the road. Truckers should inspect the wipers, mirrors, brakes, lights, and other parts.
A trucker who finds a defective component must fix it immediately. They should not take a truck out unless the vehicle passes inspection. Sadly, many truckers are anxious to get out on the road, so they might ignore a problem. Sadly, an accident results, leading to injured victims.
Weight and Size Restrictions
Federal regulations also restrict a truck’s size and weight. These requirements will depend on the type of truck and other factors, like the number of axles.
Generally, a semi cannot be more than 65 feet in length and weigh more than 80,000 pounds. Any truck that’s heavier will need to follow special rules for an oversized load, such as a sign warning people and lights.
Trucks are subject to weigh station inspections, and trucking companies will be fined for an overweight truck. As an accident victim, you will want to know if the truck was oversized or overloaded. Heavier trucks take longer to stop and can cause more serious damage when they crash.
Blood Alcohol Concentration (BAC)
The FMCSA has also set 0.04% as the legal limit for those with a Commercial Driver’s License who are driving a commercial vehicle when stopped. This legal limit is lower than the limit for regular drivers in Iowa (0.08%), so it is much easier for a CDL holder to break the law.
The lower limit makes sense. A big truck is much heavier than a passenger vehicle, and it can seriously injure if not kill someone involved in a crash.
Call Ball, Kirk & Holm, P.C. to Schedule a Consultation
Truck accidents cause dramatic injuries, and few victims can leave their homes. If you were injured in a crash, contact Ball, Kirk & Holm, P.C. Our firm can compile evidence to use in your truck accident case. Any violation of federal law could be relevant to establish liability for the crash. We might use it to show a trucker was careless or reckless behind the wheel. A trucking company that fudges test data or physical exam results is also on the hook for endangering the public.
Give us a call to speak with a Cedar Falls truck accident lawyer in a free, no-obligation meeting. We can travel to meet from our two bases of operation in Iowa City and Waterloo.