Truck Driver Conduct and Truck Condition FMCSA Requirements
- The driver must carry a commercial driver's license required by state law.
- The driver must be 21 years old to engage in interstate commerce.
- The driver cannot drive over eight hours without taking a 30-minute break and can only drive for 11 hours after being off duty for 10 hours.
- Federal employees conduct regular inspections of trucks. Drivers must conduct inspections each day. If the driver uncovers a problem, the information must be included in their report.
- A truck driver must take a drug and alcohol test after specific accidents.
Keep in mind that the FMCSA sets minimum standards, but each state can impose regulations that establish higher standards.
Why Does It Matter If an FMCSA Rule was Violated in North Carolina?
A violation of an FMCSA rule can indicate liability, and that is important to win a personal injury or wrongful death claim in North Carolina. FMCSA regulations introduce a whole new level of complication to truck accidents. A truck accident attorney can more clearly identify what those might be in your specific case, but some ways they could impact a potential case are discussed below.
Because FMCSA regulations introduce a whole new set of rules into the equation, identifying potential violations requires another level of expertise. It can also be more complicated to accurately model and represent a truck accident than a typical car accident. Because of this, FMCSA cases can often necessitate partnering with specialized experts.
Negligence Per Se
Most car accident cases involve proving that the other driver was driving negligently at the time of the accident. Traditionally, this requires proving the legal elements of duty, breach, causation, and damages, which an attorney can explain in more detail. However, there is another legal concept known as negligence per se.
Negligence per se can almost be thought of as a shortcut to negligence. It can be invoked if the truck driver was violating a statute or regulation while they were driving. FMCSA regulations introduce a new potential source of liability to establish a negligence per se case.
Truck accidents are also distinct from most car accidents in that truck drivers are usually employees of trucking companies. These companies have a responsibility to make sure that their drivers are trained and adhere to FMCSA regulations. This means that trucking companies are potential sources of compensation after an accident. Accordingly, trucking companies can be held liable for negligent hiring or retention of a driver.
To comply with these regulations, employers:
- Must administer road tests
- Must check the driving record of an applicant for the past three years
- Must perform a background check
- May need to require the truck driver to pass a drug screen and conduct random drug tests
- Must conduct annual reviews of its drivers
Failure to perform any of these duties may result in a claim against the trucking company.
Why Hire a Truck Accident Attorney in North Carolina?
Simply put, hiring an experienced truck accident attorney after your accident gives you the best possible chance of ending up with a good outcome in a very bad situation. Numerous parties may be liable for your injuries, and an experienced attorney from Posch Law Firm will be able to identify those parties and determine how best to pursue compensation. The introduction of these other parties, as well as the complicated web of statutes and regulations, means that pursuing a claim requires a special level of expertise.
Contact a Truck Accident Attorney in North Carolina Today
At Posch Law Firm, we have successfully represented clients who were involved in a trucking accident. We understand the laws established by the State of North Carolina as well as federal law, and will make sure that each party who is liable is held accountable. You don't have to face this alone--–call (910) 817-6284 today to schedule Free Consultation.
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