FMCSA Regulations and Mississippi Truck Accidents
Helping truck accident victims obtain full compensation when trucking companies and drivers fail to follow the rules
The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial trucking across the country. The purpose of these regulations is to ensure that truck drivers drive safely. At Merkel & Cocke, P.A., we understand the federal rules, including FMCSA rules, that govern truck driving. We have the skills and working relationships to show when there are violations of FMCSA rules and when those violations cause accidents. Call us today if you’ve been in any type of truck accident. We’re prepared to fight to maximize your recovery.
What is the FMCSA?
The FMCSA was established within the Department of Transportation (formerly a part of the Federal Highway Administration) on January 1, 2000. The agency’s primary purpose is to prevent commercial motor vehicle-related fatalities and injuries. The FMCSA works to achieve this purpose through enforcing safety regulations, improving safety information systems and vehicle technologies, strengthening commercial motor vehicle equipment and operating standards, and increasing safety awareness.
The FMCSA works with federal, state, and local enforcement agencies. The FMCSA also:
- Develops standards to test and license commercial motor vehicle drivers.
- Provides states with financial assistance for roadside inspections and other commercial motor vehicle safety programs.
- Creates federal trucking regulations.
- Takes many other truck safety steps.
Key FMCSA regulations that apply to truck accidents
Some of the truck driver safety rules that govern truck driving in Mississippi and across the United States include the following:
Hours of service rules
These rules regulate how many hours commercial truck drivers can operate their trucks before they need to rest. The hours-of-service rules for trucks that transport property include:
- 11-Hour Driving Limit. Truck drivers can drive up to 11 hours after being off duty for 10 consecutive hours.
- 14-Hour Limit. Truck drivers who are off duty for 10 consecutive hours cannot drive beyond the 14th consecutive hour after coming on duty.
- 30-Minute Driving Break. “Drivers must take a 30-minute break when they have driven for a period of 8 cumulative hours without at least a 30-minute interruption.”
- 60/70-Hour Limit. Truck drivers “may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.”
There are additional hours of service rules for using sleeper berths, driving in adverse conditions, and short-haul deliveries.
Driver qualification requirements
FMCSA requires that motor carriers ensure that their drivers operating CDL-required commercial motor vehicles possess a valid CDL as required under 49 C.F.R. Part 383. Each state, including Mississippi, has its own specific CDL requirements. The general requirements to drive a commercial motor vehicle are the following:
The driver:
- Must generally be 21 or older for interstate commercial driving, though intrastate drivers may be younger under state law.
- Speak and read English well enough to converse with the general public, understand traffic signs and signals, respond to official questions, and make legible entries on reports and records.
- Must drive their vehicle safely
- Must be physically able to perform their truck driving duties
- “Have only one valid commercial motor vehicle operator’s license issued by one state or jurisdiction.”
- Pass a driver’s road test or equivalent.
- Must not be disqualified to drive a commercial vehicle under the rules set forth in 49 CFR 391.15.
Vehicle maintenance standards
The FMCSA has specific rules and guidelines that govern commercial truck driving inspections. These rules include roadside inspections, pre-trip inspections, and Intermodal Equipment Provider (IEP) inspections. The inspections include the overall condition of the truck and specific truck equipment, such as electronic logging devices (ELDs). The inspections include the tires, wheels, brakes, lighting, electrical systems, safety equipment, and securing of the loads.
Trucking companies must keep detailed records of these inspections and any repairs.
Drug and alcohol testing
Generally, CDL drivers who operate CMVs in safety-sensitive roles are subject to DOT/FMCSA drug and alcohol testing (pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up) under 49 C.F.R. Part 382.
Most states, including Mississippi, provide that drivers can lose their driving privileges if their blood alcohol content is .08 or higher. Under federal law, a CDL holder operating a commercial motor vehicle is disqualified at a BAC of 0.04 or higher.
How FMCSA violations cause truck accidents
The FMCSA rules are designed to reduce the risk of truck crashes. Violations of these rules may contribute to truck accidents in the following ways:
- The hours-of-service rules (and the requirement for ELDs) are designed to ensure that drivers are awake and ready to anticipate and respond to emergencies.
- Mechanical failures. Regular inspections help ensure that trucks have the equipment drivers need to drive safely. Some of the common causes of truck accidents or severe injuries include defective or poor brakes, tires, electrical systems, and other truck parts. Trucks may be equipped with safety technology designed to help prevent blind spot accidents. The ELDs should be in proper working order. Federal regulations require certain rear underride guards on commercial trailers.
- Unqualified drivers. Driving a truck requires much more experience and skills than driving a car. Each type of truck requires different skills. Drivers who lack proper training or who have a history of driving unsafely are a danger to themselves and anyone on the road.
Using FMCSA violations as evidence
At Merkel & Cocke, P.A., we work to show that a truck driver and/or trucking company violated one or more FMCSA regulations. Our Mississippi truck accident lawyers work with you, our own investigators, the police, traffic reconstruction experts, and product safety experts to show how truck accidents happen and who is responsible. We review all relevant physical evidence, such as ELDs and black boxes.
Our Mississippi personal injury lawyers understand the FMCSA rules and how to introduce evidence about violations of these rules into court. We also use violations of rules to strengthen your liability claim when we negotiate with insurance companies.
Generally, truck accident victims must show that a defendant owed them a duty of care and breached that care (such as drivers who violate their duty to drive safely by driving while distracted), and that the breach caused the accident and the victim’s injuries.
Under Mississippi law, violating a safety statute can support negligence per se when the plaintiff is in the protected class and suffers the type of harm the law aims to prevent; FMCSA regulation violations are commonly used as evidence of negligence (and may support negligence-per-se arguments depending on the circumstances and the court’s approach).
Why trucking companies fight these claims
Sadly, many trucking companies prioritize speed, loading trucks beyond capacity, and encouraging their truck drivers to drive for long hours, over your safety.
Trucking companies will do everything they can to show that they’re not liable for the accident or that other trucking companies and third parties are responsible. The more defendants there are, the more there will be an effort to show that their companies (or their drivers) did not violate any FMCSA rules or that the violations were not the cause of your accident.
Our FMCSA truck accident lawyers have more than 200 years of combined experience handling truck accident claims. We can work to show that there was a rule violation, who committed the rule violation, and that the defendant who committed the FMCSA rule violation should be held liable for your financial and personal injuries.
Do you have a Mississippi truck accident lawyer near me?
Yes. We have offices at the following locations:
- Clarksdale Office. 30 Delta Avenue
- Greenville Office. 540 Main Street, ICON Building, Suite 302
- Jackson Office. 2630 Ridgewood Road, Suite D
- Meridian Office. 2121 5th Street, Suite 205
- Oxford Office. 2084 Old Taylor Road, Suite 110
We also consult with truck accident victims by phone and through online video platforms, such as Zoom and FaceTime. Our team can make alternate arrangements to see you at your home or another location if your injuries prevent you from traveling.
We’re here to guide you through each step of your claim.
Get help from our Mississippi truck accident lawyers now
Truck accidents are very complex. There are many different federal and state laws. There are often multiple defendants. Many victims suffer quite severe injuries. Some traffic accidents are fatal. At Merkel & Cocke, P.A., we’re ready to help you today if you or a loved one was in a truck accident in Mississippi. Please call us or fill out our contact form to schedule a free consultation. We handle truck accident claims on a contingency fee basis.