How Federal Regulations Impact Tractor-Trailer Accident Claims

In an effort to prevent accidents and improve road safety, the trucking industry is governed by strict rules and regulations. Everything from driver work hours to vehicle maintenance and cargo loading is covered by these regulations.

If you are the victim of a commercial vehicle crash, a truck accident lawyer can use the regulations to determine fault and assign liability to guilty parties. Having a knowledgeable attorney on your side strengthens your case and increases the likelihood of a successful outcome.

Below, we guide readers through federal regulations that impact tractor-trailer accident claims, how violations affect litigation, and what to do if you’ve been involved in a trucking accident and suspect foul play.

Key Federal Trucking Regulations That Affect Accident Claims

Here are a few of the trucking regulations that truckers and trucking companies often violate.

#1 Hours of Service Rules

There are limits, set by the Federal Motor Carrier Safety Administration (FMCSA), to how long truck drivers can operate without rest to prevent fatigue-related accidents.

The Hours of Service (HOS) rules state that truckers can drive a maximum of 11 hours after 10 consecutive hours off. Furthermore, they require drivers to take a 30-minute break every eight hours of driving.

Trucking companies often turn a blind eye to these regulations and some have been known to encourage drivers to ignore HOS rules in order to meet delivery deadlines.

#2 Weight & Cargo Regulations

The amount of cargo and the method in which it is secured is regulated by federal laws. A truck is more likely to tip or lose its load if it’s overloaded or improperly loaded.

The U.S. Department of Transportation Federal Highway Administration has state by state regulations on truck size and gross vehicle weight (GVW) that trucking companies must adhere to:

Montana

Legal Limits – Up to 137,800 lbs. GVW on Interstates under a federal grandfather rule; 131,060 lbs. for regular operations following state axle and bridge limits.

Axle Limits – Single: 20,000 lbs.; Tandem: 34,000 lbs.; 500 lbs./inch of tire width (670 lbs. for farm vehicles).

Overweight Permits – Permits available for divisible loads, governmental vehicles, and overweight farm/agricultural vehicles.

Special Permits – Montana/Alberta MOU allows up to 137,800 lbs. for B-Train combos on I-15; special permits available for divisible loads and continuous operations.

Exemptions – 400 lb. exemption for idle emission reduction; farm vehicles can exceed limits by 20% within 100 miles of the field.

Wyoming

Legal Limits – Up to 117,000 lbs. GVW on Interstates under a federal grandfather rule; 80,000 lbs. or 117,000 lbs. on non-Interstates based on state tables.

Axle Limits – Single: 20,000 lbs.; Tandem: 34,000 lbs.; Tridem: 42,000 lbs.; 600 lbs./inch of tire width (750 lbs. for steering).

Overweight Permits – Available for non-divisible loads, damaged vehicles, and agricultural/timber products (10% over axle, 5,000 lbs. over gross).

Special Permits – Permits for long combination vehicles (90 days) and divisible loads (365 days) on non-Interstates.

Exemptions – 400 lb. exemption for idle emission reduction; no commodity or fuel exemptions.

#3 Vehicle Maintenance & Inspection Requirements

Trucking companies are tasked with conducting regular maintenance across their fleet. This includes inspecting all mechanical components–brakes, tires, and other critical safety components.

If a transport company fails to maintain their vehicles and a mechanical failure occurs–causing an accident, they are held liable for all damages.

#4 Drug & Alcohol Testing

While truckers are subject to strict drug and alcohol testing requirements, these tests can be manipulated. Those who do test positive are immediately suspended. Screening requires a company’s participation and upholding of the rules.

#5 Electronic Logging Device Mandate

An Electronic Logging Device (ELD) records driving hours and is required to be equipped in all commercial vehicles by federal law. This device is designed to keep drivers honest by recording their HOS, preventing them from going past their driving limits.

If you’re involved in a collision with a truck, investigators will know if the driver violated HOS rules by examining the ELD data. Your tractor-trailer accident lawyer can use this as crucial evidence.

Have You Been In A Truck Accident?

5 FAQs About How Federal Regulations Impact Liability in Truck Accident Claims

Here are a few of the most commonly asked questions our team receives in regard to truck accident claims and federal regulation violations. If you have further questions, please reach out to our law firm, which has lawyers knowledgeable about the topic.

#1 How is Negligence Proven Through Regulation Violations?

If a truck driver or the company he works for violates federal or local trucking regulations, they are negligent and liable for damages.

Examples include:

• HOS limit violations: These can be proven by examining ELD data.
• Maintenance violations: Maintenance records, or lack thereof, can be used to show that a vehicle is unfit for the roads.
• Weight limit violations: Overweight trucks are a danger, and regulations can prove by how much.

#2 What Are Common Regulatory Violations That Lead to Accidents?

There are a lot of violation commonalities when it comes to truck-related accidents. Here are the most frequent violations:

• Driving beyond legal HOS limits.
• Failing to secure cargo properly.
• Skipping mandatory maintenance and inspections.
• Allowing drivers to operate under the influence of drugs or alcohol.

#3 How Do Attorneys Use FMCSA Records & Inspections?

Attorneys use FMCSA records on trucking company violations to prove certain operators are repeat offenders, view inspection documentation, and review driver histories.

If a driver or company is a repeat offender, this may lead to a higher payout when filing a claim as evidence shows a lack of concern for the safety of others by the guilty party.

#4. Is the Trucking Company or Driver Responsible?

When a truck crash occurs, liability can fall solely on the driver, it can fall on another stakeholder, such as the transportation company the driver works for or a third-party loading warehouse, or it can fall on multiple parties.

It’s your lawyer’s job to fully investigate the case and hold all of the liable parties responsible. 

#5 How Do Violations Affect Compensation?

When federal trucking regulations are violated, it can lead to securing a higher settlement or verdict. When a driver or transportation company is found to have acted negligently, insurance companies tend to award higher compensation.

What to Do If You Suspect a Trucking Regulation Violation Caused Your Accident

If you suspect a trucking regulation has been violated, which led to the accident you were involved in, you can help strengthen your case by doing the following.

The first thing you should consider is calling an attorney experienced in truck accident lawsuits, such as Stinson Law Group. Our attorneys know where to begin the investigation in order to bring all evidence to light.

If you’re still on the scene of the accident and are able to, you can gather some evidence:

• License plate number of the truck that caused the accident
• Driver’s full name
• Name of the trucking company
• Witness names and contact info
• Take photos of all vehicles involved

After an accident, you can request a copy of the police report and seek copies of the insurance adjuster’s reports.

How Stinson Law Group Can Help Truck Accident Victims

Stinson Law Group heavily focuses on truck accident injury claims. Our attorneys bring decades of combined experience holding truck drivers and the companies they work for liable for their actions.

Our lawyers have extensive negotiation experience and Laurence W. Stinson is recognized as a Top 100 Trial Lawyer in the country. We know the tactics insurance companies deploy and we know how to keep a case on track for a timely claimant payout.

Simply put, we’re ready to aggressively fight for justice to be served.

Have You Been in a Truck Accident?

If you’ve been in a truck accident in Wyoming or Montana, Stinson Law Group is the law firm you want on your side! We have offices conveniently located in Cody and Bozeman and we’re happy to offer free consultations over the phone.

Allow our team of experienced personal injury lawyers to investigate your claim. To hold all guilty parties liable and to fight for the compensation you deserve.

Reach out today to schedule your free consultation.

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