Michael Damaso / 02-18-2024 / Truck Accident

4 Commonly Ignored Trucking Regulations That Lead to Accidents

Mike Damaso Tom Dennis
Written By
Mike Damaso and Tom Dennis
Butch Wooten Orman Kimbrough
Peer Reviewed By
Butch Wooten and Orman Kimbrough
Updated: May 15, 2024

The intricate network of regulations governing commercial trucking is designed to safeguard the drivers of these massive vehicles and everyone who shares the road with them. However, the rigorous enforcement of these rules often falls short, leading to preventable accidents. From the critical hours of service restrictions that combat driver fatigue to the essential maintenance checks that ensure every truck is safe to operate, failure to adhere to these procedures can cause life-altering collisions. 

If you were injured in a truck accident, you deserve to have a trustworthy legal advocate on your side. At Wooten, Kimbrough, Damaso & Dennis, our attorneys can thoroughly investigate your claim to determine how your accident occurred and who may be held responsible for your injuries and other losses. We are intimately familiar with state and federal trucking regulations and are ready to help you seek the damages you deserve. When you partner with us, you can rest assured your case is in the caring hands of a seasoned legal professional. 

 

Common Trucking Violations

The Federal Motor Carrier Safety Administration (FMCSA) was established to develop rules and regulations to prevent accidents and keep our roads safe. Despite these important laws, many safety violations continue to cause accidents. A few of the most common regulation violations include the following:

Hours of Service Violations

The FMCSA sets regulations to ensure truck drivers’ safety and alertness, acknowledging human limits like the need for sleep and breaks. Drivers must take a 30-minute break every eight hours, cease driving after 14 hours on duty, and are limited to 11 hours of driving within this period. These rules, among others, aim to prevent fatigue-related errors and carelessness.

Maintenance Violations

A well-maintained truck can cover thousands and thousands of miles every year and can last for decades. Keeping up with truck maintenance is crucial not only to their longevity but also the safety of everyone on the road. Proper upkeep, including regular inspections of lighting, brakes, tires, and other systems, as well as driver training on recognizing potential brake failures, is crucial. If the trucking company fails to perform regular maintenance, life-altering accidents can occur. 

Loading Violations

Nationwide regulations cap the total weight of large trucks at 80,000 pounds for interstate travel, about 32 times heavier than a standard sedan. Overloading challenges a truck’s stopping and maneuvering abilities and increases the risk of breakdowns and accidents due to excess strain on axles and tires. 

Additionally, the FMCSA sets guidelines for cargo loading and securing. Improperly loaded or unsecured cargo can lead to difficulty in controlling the vehicle, potentially causing accidents and subsequent injuries.

Hiring Violations

The FMCSA prohibits trucking companies from hiring drivers with poor records, prior DUI/DWIs, license suspensions, or any issues indicating they might be unsafe drivers. Drivers need a commercial driver’s license (CDL) and up-to-date medical examination cards to ensure they’re trained and medically fit for driving. Ignoring these regulations, such as failing to report license suspensions, can result in legal consequences for trucking companies.

 

Consult an Award Winning Truck Accident Attorney at Wooten, Kimbrough, Damaso & Dennis

If you have been injured in a truck accident due to trucking violations, securing experienced legal counsel is vital for addressing the unique challenges of your case and ensuring you receive the compensation you deserve. At Wooten, Kimbrough, Damaso & Dennis, we represent victims of truck accidents in Florida, providing aggressive advocacy and personalized support throughout the legal process. 

Contact us today at (407) 843-7060 or via our contact form to schedule a free consultation with a member of our award-winning team.

Team Wooten, Kimbrough, Damaso & Dennis

Legally Written and Reviewed by a Managing Partner

Wooten, Kimbrough, Damaso & Dennis

Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. With over 100 years of combined courtroom experience, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.