Federal Motor Carrier Safety Regulations
Identifying Violations of Federal Safety Standards
All too often, failures by truck drivers and trucking companies to observe the minimal requirements of the U.S. Federal Motor Carrier Safety regulations causes avoidable accidents leading to serious injuries and death.
At Fischer, Goldasich & Aughtman LLC, in Birmingham, Alabama, we hold the responsible parties accountable to federal regulations and to basic standards of care. We are highly experienced at analyzing cases in light of federal regulations and demonstrating that violations have occurred. Contact us to schedule a free consultation with one of our attorneys.
Understanding the Role of Regulations in Accident Cases
The Federal Motor Carrier Safety Administration (FMCSA) has been authorized by Congress to make regulations governing commercial vehicles that do business across state lines (interstate commercial vehicles). The Alabama Public Service Commission has made these regulations applicable to many types of commercial vehicles that only do business inside state lines as well.
The safety regulations require truck drivers, trucking companies, truck manufacturers and others to follow specific procedures in areas including but not limited to the following:
What these regulations mean for someone bringing a lawsuit for truck accident injuries is that there is an objective yardstick against which truck driver and trucking company conduct can be measured.
Whether a lawsuit is brought in state or federal court, the lawyer can use proven violations of federal safety regulations as part of the case for establishing liability and as evidence in support of greater compensation for the victim or surviving family members.
Holding Defendants Accountable to Higher Standards
While the federal motor carrier safety regulations can play an important role in establishing a truck driver or trucking company's negligence and in pursuing punitive damages, defendants are not off the hook just because no safety violations can be proven.
Many of the regulations are widely recognized for their inadequacy in protecting people's safety. The National Highway Traffic Safety Administration (NHTSA) encourages drivers, trucking companies and truck manufacturers to exceed the standards whenever possible.
Liability in truck accident cases is largely based on traditional common law, which requires truck drivers and others to observe reasonable standards of care. We have recovered damages for clients in many cases where no safety violations have been proven. Contact us to get a skilled assessment of your specific circumstances.