In South Carolina, state and federal law regulate the trucking industry. The Federal Motor Carrier Safety Administration (FMCSA), in particular, outlines a number of regulations for truck drivers and the trucking companies they work for. After an accident, these regulations may play an important role in any future truck accident claim you file. Any violation of the regulations can provide strong evidence that the truck driver or company is liable for paying damages for your injuries and other losses. Below, our Columbia truck accident lawyer explains in further detail.
Licensing Requirements
The FMCSA outlines specific licensing requirements for anyone who wishes to obtain a driver’s license. Candidates must pass a skills test involving the type of vehicle they want to drive, as well as a written test. It is an unfortunate fact that some truck drivers may be operating their vehicles without a proper driver’s license. In these cases, the driver may be to blame, but the trucking company may also be at fault.
Trucking companies have a responsibility to ensure their drivers are properly licensed. Even an expired driver’s license is enough to help your claim.
The Hours of Service Rule
Truck driver fatigue is one of the main causes of truck accidents in South Carolina. It is for this reason that the FMCSA has implemented the hours of service rule. These federal regulations for truck drivers outline how long a driver can stay on the road and when they can get back behind the wheel after taking a rest period. The hours of service truck driver regulations are as follows:
- Daily limit: Any commercial truck carrying goods can only operate for 11 hours in a 14-hour workday.
- Weekly limit: Truck drivers are limited to being on the road for 60 hours or less in a seven-day period, or not more than 70 hours over a period of eight days.
- Mandatory break periods: Before starting a new shift, truck drivers must have at least ten consecutive hours of rest.
- Mandatory daily break periods: After a truck driver has driven for eight hours, they must take a mandatory 30-minute break.
If a truck driver violated the above rules or trucking companies provided incentives to their drivers for remaining on the road for longer periods of time, they can both be held legally liable in a truck accident claim.
Drug and Alcohol Testing
Impaired driving is another leading cause of truck accidents. Truck drivers misuse alcohol and illegal drugs for a number of reasons. Some believe it helps them stay awake while they are on the road for long hours, while others simply use substances to provide comfort and relieve boredom. To prevent accidents due to impaired driving, there are federal regulations for truck drivers. Truckers must be tested at the following times:
- Before they begin employment
- Random testing during the year
- Testing when a trucking company has reasonable suspicion of employment
- Required testing after the majority of accidents
If truck drivers fail a chemical test, they must follow a certain process before they can drive again.
Trucking companies have a duty to ensure the process is followed and that the steps taken are well documented. Failing a drug test shortly after a crash is a strong indication that the driver was impaired. This can strengthen your truck accident claim.
Truck Inspection Regulations
All trucks must be in proper working order to prevent accidents and protect public safety. Defective trucks or faulty truck parts can easily cause a crash. Tires may blowout, causing the driver to lose control of the vehicle. Or, braking systems may stop working suddenly, causing the driver to strike the back of the vehicle in front of them, which can be fatal when a large commercial truck is involved.
Proper inspections can detect when there are problems with a truck. When a problem is identified, the vehicle must remain off of the road until the issue is corrected. Truck driver regulations stipulate that drivers must inspect their vehicle before and after any trip, while the trucking company must also provide regular inspections.
If maintenance records are incomplete, it can help with your truck accident claim. Some trucking companies even destroy these documents because they prove the truck had several deficiencies.
Additionally, if defects were found but not repaired, the trucking company can be held accountable.
Regulations Regarding Hazardous Materials
Trucks that transport hazardous materials must be properly classified, labeled, and displayed under the Hazardous Materials Regulations.
Hazardous materials pose a huge danger to motorists on the road, so it is critical that truck drivers and trucking companies comply with all safety regulations.
During an accident, hazardous materials may spill, injuring hundreds and sometimes even thousands of people.
Electronic Logging Devices
Electronic logging devices (ELDs) record significant information about a truck and its driver. An ELD can indicate what the truck driver was doing at the time of a crash, such as whether they were speeding or braking suddenly. Traditionally, truck drivers kept a written log, requiring them to manually enter their hours on the road. Many truck drivers were dishonest on these written logs, because they are under intense pressure to deliver their goods on time. Today, ELDs are electronic and so they automatically capture all of the driver’s actions.
It is not always easy to obtain an ELD after a crash, but it is important that you do, as it can significantly help your truck accident claim. A Columbia truck accident lawyer can help you obtain this important piece of evidence.
Call Our Truck Accident Lawyer in Columbia Today
At Rikard & Protopapas, our Columbia truck accident lawyer knows the extensive losses that result from a crash. It is why we are dedicated to helping accident victims recover the full and fair settlement they are entitled to. We can put that expertise to work for you, too.
Call us today or contact us online to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help.