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Personal Injury » Commercial Truck Accident » Commercial Truck Regulations

Commercial Trucking Regulations

Different from drivers of private passenger vehicles, the professional drivers of truck have an entirely different set of laws that they must abide by. Created by the Federal Motor Carrier Safety Administration (FMCSA), these laws outline the behavior of drivers, the safety guidelines that they must adhere to and even the hours that they are allowed to work. Should these regulations and laws not be followed or be ignored and the truck driver become involved in a serious 18 wheeler accident, a Kansas City personal injury lawyer will be able to file a claim to fight for maximum recovery on behalf of the victim.

FMCSA Regulations: Federal Laws for Truckers

The regulations that are laid out by the FMCSA range from the compliance of noise emission standards that must be adhered to (§325) to the lease and interchange of vehicles (§376). Some of the most popularly cited and commonly noted regulations laid out by the administration include the following:

  • Hours-of-Service: To help work against the possibility of tired drivers on the road, the FMCSA has laid out strict regulations on the amount of time drivers are able to be on the road. Outlined under 49 CFR Part 395, this places strict limitations on how much drivers are allowed to be on the road and for just how long. For example, for property-carrying commercial drivers, there is a limitation of 11 hours of driving after taking 10 hours off duty. For a passenger-carrying driver, there is a 10 hour limitation after taking 8 hours off of duty. This also extends to weekly limits. To track these, all drivers are required to log their hours and show the amount of time they drove, as well as the mileage. These logs can be invaluable in a truck accident claim.
  • Carrying Hazardous Materials:Trucks who are transporting hazardous materials are privy to an entirely different set of regulations and laws. For example, they must receive a Certificate of Registration with the Pipeline and Hazardous Materials Safety Administration (PHMSA) prior to receiving a safety permit from the FMCSA. These efforts are made as the FMCSA has stated that they are hoping to reduce the number of hazardous material related incidents 20% over a ten year period.
  • Alcohol and Drugs: While every driver is subject to strict guidelines in regards to being under the influence of alcohol and drugs, this is never truer than in regards to commercial truck drivers. In fact, while it is a criminal offense to have a blood alcohol content (BAC) over the legal limit of 0.08 percent for private drivers, it a violation of the law to have a BAC over 0.04 percent for a commercial driver. Not only this, but should they test negatively, they will be at risk of losing their commercial license.

Importance of Hiring a Kansas City Truck Accident Attorney

If you have been injured in an accident with a commercial truck driver, it is highly important that you do not hesitate to get the involvement of an experienced Kansas City personal injury lawyer who will be able to explain all of the different laws that you will be facing. At Wendt Goss, we are well-versed in trucking laws and regulations and know the ways in which we can utilize these laws to help with a claim. If you have recently been involved in a truck accident, do not hesitate to give our firm a call. These cases are complex and it is vastly important that we are brought in to help as soon as possible. Evidence and witness testimony that can be gathered at the scene of an accident can prove to be invaluable down the line.

If you give us a call and get us involved at the onset of the issue, we will be able to seek evidence from things like the driver’s logbook, the electronic on-board recorder if there is one and other evidence that can be gained from the accident scene. So what are you waiting for? When you have this much on the line, you need to make sure that you are doing everything possible to protect your legal rights. By getting our firm involved, you can rest assured knowing that we will do everything in our power to help you protect your best interests.

If you have been injured in a truck accident and would like to learn more about trucking regulations, please contact a Houston 18 wheeler accident lawyer from our firm today.

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