Can You Tell if Federal Trucking Regulations Were Violated?

Aug 17, 2023 | Blog

There is a vehicle collision every 4.4 minutes in the state of Virginia, resulting in an average of 161 injuries and 3 fatalities daily.

To help keep the roads safe, government organizations like the Federal Motor Carrier Safety Administration (FMCSA) have instituted regulations that commercial truck operators and companies must follow. Here is a framework for determining whether federal trucking regulations have been violated. 

About FMCSA Regulations 

The FMCSA drafts rules based on national data, including accident reports to determine areas where drivers are vulnerable to injury. 

Rules typically pertain to the following areas: 

  • The number of consecutive hours that can be driven before a break is required
  • Requirements for pre-employment screenings
  • Frequency of drug and alcohol testing
  • Inspection schedules
  • Hazardous materials labeling
  • Items allowed in or required to be in the truck cab 

Common FMCSA Violations 

As you can imagine, a lot can go wrong on the road, and the FMCSA monitors and enforces activity to keep roads safe. 

Common violations of trucking regulations include: 

  • Trucker hiring and training violations: Operating a commercial truck takes skill, and it requires a driver to act responsibly. A trucking company that fails to conduct thorough pre-employment checks and training programs can be in violation of the rules.
     
  • Hours-of-Service (HOS) Violations: The hours-of-service rule was passed to help reduce the risk of accidents due to driver fatigue. Therefore, the number of hours a truck operator can drive without a break is limited.

    Some trucking companies instill tight delivery schedules or improperly punish or incentivize behavior to encourage a driver to skirt these rules. An electronic logging device (ELD) is now required to monitor hours-of-service.
     
  • Drug testing violations: Pre-employment drug screenings are required, and other instances may trigger a requirement for a drug test. Trucking company employers are required to comply with these rules and document the results of any tests performed.
     
  • Maintenance and recordkeeping violations: Naturally, trucks must be kept in safe, working order to be allowed on the road. The trucking company should ensure proper maintenance is done and be vigilant about recordkeeping to avoid committing a violation.

Determining Whether Federal Trucking Regulations Have Been Violated 

Commercial trucking companies tend to hide between insurance companies and a team of lawyers to prevent any information about a violation being discovered. At Geoff McDonald & Associates, we have a system for uncovering the truth that involves a two-part process. 

1. Perform and Investigation and Initiate Accident Reconstruction 

We work with private investigators and other forensic experts to reconstruct the accident to determine what happened and whether a federal regulation has been violated. 

This includes evaluating police reports, witness statements, and other forensic evidence. We also utilize state-of-the-art software to recreate the scene in order to get to the bottom of what likely happened. Using this information, we can often detect whether a regulation has been violated.

2. Download the Black Box

Commercial trucks are equipped with a black box that has a wealth of data about the trucker’s behavior and other activities that occurred moments before and during the accident. Some of the data we can recover include:

  • Speed of the truck
  • Direction of travel
  • Braking activity
  • Whether the driver was wearing a seatbelt
  • Whether the airbag deployed

We may also inquire about various records that should have been kept according to FMCSA rules about employment and training practices, maintenance, and record keeping.

Contact an Experienced Virginia Truck Accident Attorney Today 

Don’t wait to contact a personal injury attorney if you or a loved one has been injured due to a commercial truck driver’s negligence. We will thoroughly investigate the accident to determine if you have a case, and there is no fee unless we win. Contact Geoff McDonald & Associates for a free consultation.

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win







    5 Major Causes of Death in Virginia Motorcycle Accidents

    What’s better than enjoying a scenic drive along Virginia’s favorite motorcycle routes? Riders from all over the country gather here to take in the majesty of our panoramic views. No trip to the Old Dominion is complete without a ride along Blue Ridge Parkway, Route...

    What a Demand Package Is in a Virginia Personal Injury Case

    Some careless driver has hit your car, and naturally, you expect a hefty settlement for the trouble they’ve caused you. However, you can’t simply call the insurance company and ask for a bag of cash. First, your attorney will need to prepare a demand package. What is...

    5 Reasons Personal Injury Lawyers in Virginia Go to Court

    If you’ve had an accident, you probably expected the insurance company to send you a settlement check right away. Cue shock and disappointment when insurance decides to play hardball. An adjuster may throw you a low settlement offer, or they may refuse to pay for...

    What Should I Do if My Insurance Rejected My Rental Car Claim?

    Imagine this scenario: you’ve rented a car for a weekend getaway, feeling secure in the knowledge that your personal insurance will cover any potential accidents. However, what if the unexpected happens, and your own insurance rejects a rental car accident...

    Are you Responsible for a Virginia Brake-Check Accident?

    Have you ever found yourself in a situation where another driver is tailgating you, and you decide to tap on your brakes to teach them a lesson? While this may seem like a reasonable response, it’s important to understand the legal implications of such actions....

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald