Trucking Accidents By Overworked Drivers Are a Violation of Federal Law

Written by Adam Peck Category: Injury Law January 16th, 2013 2 min read

Title 49 of the Code of Federal Regulations is the leading source of federal trucking industry governance. The Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT) are among the federal agencies that regulate the trucking industry. Every state also has a state level Department of Transportation which also enforces the state’s trucking laws. States regulate the height, width, length or weight of any truck, semitrailer truck or trailer under maximum limits prescribed by law. Interstate and intrastate trucking companies must be in compliance with Federal Motor Carrier Safety Regulations, Federal Hazardous Materials Regulations, as well as any state regulations.

No matter what type of accident has resulted in injury and/or property damages, the chief goal in a personal injury claim is to prove liability. In vehicular accidents, it’s generally important to demonstrate that the driver was negligent because he/she failed to exercise reasonable care. The key difference with trucking accident claims though is in the ability to recover damages from insurance companies due to the trucking company’s, employer’s and/or contractor’s potential liability.

Many of the state and federal trucking regulations set limits on work hours for truck drivers and on how long a driver can continue driving with no rest. If it is determined that the truck driver violated these safety rules, it could show negligence and the carrier who employs him may be found liable for the accident under a doctrine of “respondeat superior”. This is a common law doctrine that makes an employer responsible for the actions of an employee, agent, or subordinate, when the actions take place within the scope of their assigned duties. If the truck driver is an independent contractor, it may be necessary to find liability against the employer on other legal theories. However, under current federal law, any company owning a trucking permit is responsible for all accidents involving a truck that has its placard or name displayed on the vehicle, regardless of what the truck lease states with the owner/operator or whether the driver is an employee or an independent contractor.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.