The Federal Motor Carrier Safety Administration (FMCSA) is the regulatory agency that oversees the interstate trucking industry in the United States, including Indiana. If a truck driver or trucking company violates FMCSA regulations, this breach can serve as evidence of negligence in an accident claim. In other words, someone hurt in a truck crash can cite evidence of a regulatory violation when pursuing a personal injury claim against the driver or company.
Although it can be challenging to prove FMCSA violations, an experienced Indiana truck accident attorney can strengthen your case with their investigative and negotiating skills.
Table of Contents
- 1 What Are the FMCSA Standards Governing Truck Drivers and Trucks?
- 2 What Are Common Trucking Safety Violations That Can Lead to Accidents?
- 3 How Can I Use a FMCSA Violation to Prove My Case?
- 4 Who Could Be Liable for My Indiana Truck Accident?
- 5 What Compensation Could Be Available for an Indiana Trucking Accident?
- 6 Contact an Indiana Truck Accident Lawyer
What Are the FMCSA Standards Governing Truck Drivers and Trucks?
The FMCSA has established comprehensive regulations to ensure the safety of commercial motor vehicles on our roads. These standards cover various aspects of trucking operations, including:
- Hours of Service (HOS) regulations putting limits on driving time and mandatory rest periods
- Vehicle maintenance standards mandating regular inspections and repairs to keep trucks in safe operating condition
- Driver qualifications, including minimum age requirements, medical certifications, and driving record checks
- Drug and alcohol testing regulations establishing mandatory drug screenings of drivers
- Cargo securement rules for properly loading and securing freight
- Electronic logging device (ELD) requirements for accurate recording of driving hours
These regulations aim to reduce accidents related to fatigue or impairment, ensure proper vehicle maintenance, and promote overall road safety. Trucking companies and drivers must follow FMCSA standards to operate legally on Indiana highways.
What Are Common Trucking Safety Violations That Can Lead to Accidents?
Despite strict state and federal regulations, some truckers and companies fail to comply with FMCSA standards, potentially leading to severe collisions. Common violations include:
- Exceeding Hours of Service limits – Drivers operating beyond allowed driving hours increase fatigue risk.
- Improper vehicle maintenance – When companies neglect essential repairs or inspections, it can lead to mechanical failures.
- Overloaded or improperly secured cargo – Cargo loaders improperly loading vehicles create instability or dangerous road debris.
- Falsifying logbooks – Companies or drivers may misrepresent driving hours to bypass regulations.
- Hiring unqualified drivers – Companies employing people without proper training or licensing create a serious risk.
- Skipping required drug and alcohol tests – Some companies neglect drug and alcohol testing, allowing potentially impaired drivers on the road.
These violations break federal law and significantly increase the risk of accidents, putting all road users in danger.
How Can I Use a FMCSA Violation to Prove My Case?
Demonstrating an FMCSA violation can strengthen your truck accident claim by establishing negligence. Here is how you can use these violations to support your case:
- Obtain official records – Request the truck driver’s logs, inspection reports, and company safety records.
- Analyze data from electronic logging devices – Review information about the driver’s hours and vehicle operation.
- Consult expert witnesses – Work with trucking industry professionals to interpret complex regulations and identify violations.
- Investigate the accident scene – Gather evidence of improper loading, maintenance issues, or other safety breaches.
- Review the driver’s history – Examine past violations or crashes that may indicate a pattern of non-compliance.
One of the challenges of pursuing a truck accident claim is that most victims do not have the time or resources to seek this evidence, especially while they are recovering from their injuries. If you employ an experienced truck accident attorney, you’ll have someone on your side who can carry out these intensive investigations while you focus on recovery. Your attorney can connect FMCSA violations to the cause of your truck wreck and strengthen your claim for compensation. Make sure you retain a truck accident lawyer who understands the intricacies of trucking regulations and how to leverage them in your legal case.
Who Could Be Liable for My Indiana Truck Accident?
One of the most significant challenges of filing a truck accident claim is that many parties may bear liability for your losses. These parties may include:
- The truck driver, if their negligent actions caused the accident
- The trucking company, if violations of FMCSA or Indiana regulations contributed to the crash
- Mechanics, if they failed to identify or address problems with the vehicle
- Vehicle or parts manufacturers, if malfunctioning components within the truck caused the collision
- Cargo loaders, if the accident resulted from unbalanced or unsecured goods
It takes sharp legal knowledge and skill to identify all at-fault parties after a commercial truck collision. This is an essential step because more liable parties means more applicable insurance policies – and more available compensation.
What Compensation Could Be Available for an Indiana Trucking Accident?
Many truck accident victims may be eligible for significant compensation. However, their financial award will depend on the severity of their injuries, the limitations of the at-fault party’s insurance policy, and the quality of the legal representation for both parties. An experienced attorney can seek compensation for losses such as:
- Medical expenses from treating accident-related injuries
- Lost income if injuries keep you from working
- Reduced earning capacity if a disability forces you to take a lower-paying job
- Physical and psychological pain and suffering
- Loss of enjoyment of life
Putting a price tag on more subjective losses like pain and suffering can be more difficult. Still, a knowledgeable Indiana truck accident attorney can handle these estimates for you. They can consider each of your physical, emotional, and financial losses and help you understand your case’s potential worth.
Contact an Indiana Truck Accident Lawyer
For more than 40 years, the team with Truitt Law Offices has stood up to trucking companies and their insurers, fighting successfully on behalf of Hoosiers injured by their negligence. We know how to thoroughly investigate a truck accident to uncover evidence of regulatory violations and then use this evidence to build the strongest case possible.
We are ready and eager to put this experience to work for you. Call us today or contact us online for a free consultation with an Indiana truck accident attorney, and let’s discuss your case at your earliest convenience.
