State and federal safety regulations are designed to reduce the risk of devastating truck accidents. These safety measures help ensure truckers are qualified to drive safely. They also hold trucking companies accountable for keeping their fleets in good condition and maintaining an appropriate safety culture for their drivers. When truck drivers or trucking companies violate government trucking regulations, they put everyone on the road at risk of getting hurt in catastrophic truck accidents.
Duties of the Truck Driver
Federal safety standards impose various obligations on truck drivers while on duty. First, truck drivers must inspect their vehicles and cargo loads for any potential hazards, such as mechanical problems or improperly secured cargo. A truck driver must also conduct post-trip vehicle inspections and draft reports for any issues that can affect the safe operation of the truck. Truckers should only return to service once the trucking company resolves the problems noted on the post-trip inspection report or certifies that the issue does not require immediate repair.
The Federal Motor Carrier Safety Administration (FMCSA) also publishes hours-of-service regulations that limit the time a truck driver can spend behind the wheel to prevent truck accidents caused by fatigued driving. These limits stipulate:
- A truck driver may drive a maximum of 11 hours after coming on duty following an off-duty period of at least 10 consecutive hours.
- They cannot drive beyond the 14th consecutive hour after coming on duty following an off-duty period of at least 10 consecutive hours.
- Truckers must take a break of at least 30 minutes after driving for eight cumulative hours since the driver’s last break or off-duty period. Drivers may take their break on-duty but not-driving, off-duty, or in the sleeper berth.
- Drivers may not drive after spending 60 hours on duty in a seven-day period or 70 hours on duty in an eight-day period. The seven/eight-day periods reset after an off-duty period of at least 34 consecutive hours off duty.
- Drivers can extend the 11 to 14-hour maximum driving limits by up to two hours when encountering adverse weather conditions.
FMCSA also publishes defensive driving tips and techniques for truck drivers to follow, including checking blind spots, maintaining greater following distances, making proper wide turns, and signaling turns and lane changes early. These road safety practices are essential components for truck accident prevention.
Responsibilities of Trucking Companies
Federal regulations also require trucking companies to ensure the safe operation of their fleets. Trucking companies’ safety obligations begin with implementing rigorous hiring practices for truck drivers, which include ensuring that drivers have commercial driver’s licenses (CDLs), medical certifications (as necessary), and license endorsements to operate certain types of vehicles. Companies should also conduct background checks for prior semi-truck accidents, citations, or other safety violations.
Trucking regulations further require companies to establish alcohol and drug testing protocols. These policies should require testing for all new hires and random testing for a company’s drivers throughout the year. Motor carriers should also test drivers if they suspect the driver has come on duty under the influence of alcohol or drugs. Federal law also lowers the allowable blood alcohol concentration (BAC) limit for truck drivers to 0.04, half of what is permitted for drivers of passenger vehicles.
Trucking companies must conduct regular inspections and maintenance on the vehicles in their fleets. FMCSA regulations require companies to keep inspection and maintenance records for vehicles that remain in the company’s control for at least 30 days.
FMCSA also encourages trucking companies to outfit their vehicles with the latest safety technology, such as dashcams, blind spot monitoring sensors/cameras, automatic braking systems, and event data recorders (“black boxes”).
How Can a Truck Accident Lawyer Help?
If you suffered injuries in a truck accident caused by a truck driver or truck company’s failure to adhere to trucking safety policies, a Las Vegas truck accident lawyer from THE702FIRM Injury Attorneys can help you pursue compensation for your losses. Our personal injury attorneys will:
- Investigate the crash to secure evidence, such as police accident reports, truck driver hours-of-service logs, black box data, driver training records, cargo manifests, surveillance, traffic camera, or dashcam footage, and eyewitness testimony
- Work with accident reconstruction experts as needed to determine what caused the truck accident
- Review the evidence to determine liability
- Document your injuries and losses to place an estimated value on your case
- File your truck accident claim with the insurance company
- Aggressively negotiate with insurance adjusters, trucking company representatives, and defense attorneys for a full and fair settlement
- Filing a truck accident lawsuit and taking your case to court for a judge or jury to decide
In Nevada, you generally have two years from the date of a truck accident to file a claim for compensation. However, the timeline could be longer or shorter depending on the facts of your case. Consult an experienced truck accident attorney immediately to learn the deadline that applies for you.
Tips for Driving Safely Around Trucks
FMCSA published safety tips for other motorists to follow when driving around large commercial trucks. You should:
- Stay out of a truck’s blind spots. Trucks have larger blind spots than smaller motor vehicles. If you can’t see a truck driver’s face in their mirror, they can’t see you.
- Pass carefully. Make sure you can see the truck driver’s face in the side mirror before moving to the left lane. Accelerate to pass the truck promptly and return to the right lane once you see the truck in your rearview mirror.
- Anticipate wide turns from commercial trucks. This is especially important when large trucks turn right on local streets. Avoid squeezing on the truck’s inside during a turn or stopping past the stop line at intersections. Otherwise, you could block the truck driver from completing its turn.
- Avoid aggressive driving. You shouldn’t drive recklessly, period. But aggressive maneuvers, such as speeding, honking or swerving around a tractor-trailer, can distract a truck driver and cause potentially fatal crashes with other vehicles.
Contact a Truck Accident Lawyer Today
The trucking industry is held to higher standards than other motorists for a reason. They are responsible for big rigs weighing 20 to 30 times more than your average sedan. If you suffered serious injuries in a truck crash in Las Vegas, seek legal advice immediately from a personal injury lawyer at THE702FIRM Injury Attorneys today.
We can review your case and discuss your legal options in a free consultation. Contact us today.