The Role of Federal Regulations in Truck Accident Liability in Arizona

What Are the Federal Truck Regulations in the United States?

The trucking industry dramatically supports the growth of the US economy. Almost all industries rely on commercial trucks to transport raw materials and goods to consumers and businesses nationwide. However, as crucial as trucks are to the economy, they pose a significant danger to road users and the general public.

So, the Federal Motor Carrier Safety Administration (FMCSA) heavily regulates the industry. The laws aim to standardize baseline safety levels across the trucking sector countrywide. Personal injury attorneys in Phoenix also say the rules are crucial in personal injury cases as they provide a critical reference point in determining liability and compensation.

If you or your loved one were involved in a truck accident and believe the truck driver or trucking company violated the FMSCA regulations, consult skilled personal injury lawyers in Phoenix who understand how federal trucking laws and regulations work.

Hours of Service and Log Book Rules

Driver fatigue is one of the major causes of truck accidents on the roads in the United States. The FMCSA regulates “hours of service” by restricting the number of hours a driver can work within a given timeframe. Truck accident attorneys in Arizona explain the two primary rules related to hours of service:

• 14-hour driving window: A driver can only drive for 11 hours within 14 consecutive hours as long as they were off-duty for ten hours before the 14-hour window. The countdown of the 14-hour window starts as soon as a driver starts any work, even if it doesn’t entail driving.
• 60-70-hour duty limit: This rule can take one of two forms depending on the specific trucking company. A driver should not drive after reaching 60 hours of on-duty time in the last seven days or 70 hours of on-duty in the previous eight days.

The FMCSA ensures compliance with the hours of service rule by requiring truck drivers to record their work hours using a log book. If, during your personal injury case, your Phoenix truck accident attorneys determine that driver fatigue was the cause of the accident, they can use the truck driver’s log book and other forms of evidence to prove their case.

Drug and Alcohol Testing

Some truck drivers get into accidents for driving under the influence of alcohol and drugs. Therefore, the FMCSA requires truck drivers to undergo periodic drug and alcohol tests. The tests must check for cocaine, marijuana, opiates, and more. The driver’s blood alcohol concentration levels must also be checked.

Drivers should be tested during the onboarding process and can be tested at random. Another scenario that may require testing is if a driver causes an accident that leads to a fatality. If the driver is found to have been driving above the legal BAC limit for commercial drivers, truck accident lawyers acting on behalf of the victim can hold them liable for the damages.

Liability Insurance

If a truck driver or trucking company is found liable for an accident, the victim has the right to receive compensation from the responsible company. Therefore, the law requires operators of trucks that carry non-hazardous materials to have a minimum of $750,000 in liability insurance to cover medical costs, lost wages, property damage, and other damages in compensation.

Liability policies for trucks that carry hazardous materials have significantly higher coverages due to the risks involved. They must always maintain a $5 million policy to cover property damage and bodily injury.

The law also requires trucking companies to carry other types of insurance to manage long-term risks for the business:

• Health insurance and employee benefits to enable them to attract the best employees and preserve their health
• Cyber liability insurance to cover data breaches, cyber-attacks, and credit card issues
• Workers’ compensation and disability insurance to compensate employees injured while on the job
• Property insurance that covers buildings and parking terminals where they keep the trucks.

Hiring Practices

Trucking companies must ensure the drivers they hire have the proper truck license and are experienced in the field. Drivers must also be medically certified to drive commercial trucks.

A trucking company could be liable for an accident if investigations reveal that it didn’t properly vet a driver before hiring them and the driver caused an accident. Establishing that a trucking company breached these rules can be complex, but skilled truck accident attorneys in Phoenix can resolve the matter.

Statute of Limitations

The statute of limitations is a rule that applies to truck accident victims who wish to file a compensation claim from a negligent driver or truck company. Compensation claims must be filed within the specific deadlines, or the accident victim risks losing their chance to recover the damages they deserve. In most personal injury cases, the statute of limitation is two years from the accident date or from when the victim discovers or should have discovered the injuries.

Use Federal Trucking Regulations to Your Advantage When Pursuing a Claim with the Help of an Experienced Attorney

The trucking industry is governed by many laws to keep the public safe and protect truck accident victims when they need to pursue a compensation claim. However, not all concepts may impact your claim, and it’s crucial to work with skilled personal injury attorneys who understand how the law works. Their input is vital in helping you make sense of the regulations.
The Wilson Ortiz Law Firm has experienced and knowledgeable truck accident lawyers in Arizona. We have many years of experience in helping truck accident victims collect the compensation they deserve from negligent drivers or truck companies, and we can help you, too. Call us to schedule a case assessment.