Understanding Trucking Regulations in California: How They Impact Accident Cases
The commercial trucking industry is subject to more laws, rules, and regulations than those applicable to standard passenger vehicles. The heightened danger of large commercial vehicles creates the need for stricter safety laws. It is important to understand these laws in order to understand your legal rights as a victim of a truck accident in California.
Truck Driver Training and Qualifications
In California, an individual must have a valid commercial driver’s license (CDL) to operate a large truck or commercial vehicle. Obtaining a CDL requires meeting specific qualifications, including completing a minimum of 15 hours of behind-the-wheel driving training and submitting proof to the Department of Motor Vehicles (DMV). The Federal Motor Carrier Safety Administration (FMCSA) also has federal laws about truck driver qualifications, including training minimums for entry-level truck drivers.
Hours-of-Service Regulations
No commercial truck driver may exceed the FMCSA’s hours-of-service (HOS) regulations, which limit how long a trucker can drive without taking a rest break. These laws aim to reduce the risk of drowsy driving truck accidents. These laws restrict a property-carrying truck driver’s hours of service to no more than 11 hours after 10 consecutive hours off-duty and 14 hours total after coming on-duty.
Truck Inspection and Maintenance Requirements
Trucking companies and individuals who own large trucks are legally responsible for ensuring
their vehicles are roadworthy. They must regularly inspect their fleets and promptly repair known or discovered problems. They must ensure that the brakes, tires, engine, electrical system, steering components, and other truck parts are all working correctly. The drivers of the trucks are also required to inspect their vehicles and complete inspection logs before beginning a drive.
Cargo Loading and Securement Rules
Cargo must be loaded on a tractor-trailer in accordance with specific regulations, including special rules for hazardous materials (hazmat). The FMCSA has strict requirements for how cargo must be loaded, balanced, stacked, secured, and strapped onto an open bed. Violating these cargo rules can increase the risk of a lost load or an imbalanced truck rollover accident.
Violated Trucking Laws and Accident Cases in California
Trucking companies may unintentionally violate state and federal trucking regulations through negligence or intentionally do so to save time or money. Unfortunately, this can put the public at risk. If a trucking company or its drivers break a safety law, resulting in a truck accident, the company can be held legally responsible or liable for a victim’s bills and losses.
The injured victim must have evidence of the broken law to prove that the company is at fault. While every case is unique, evidence may include photographs, dash cam videos, company compliance reports, electronic logging device data, the truck’s black box, and a truck driver’s driving and employment records. The victim must establish that the defendant had a duty of care, breached or violated this duty of care through a broken trucking regulation or other negligence, and that this caused the wreck.
Get Help From an Experienced Truck Accident Attorney
Depending on the circumstances, these are only some of the many trucking regulations and safety standards that your truck accident injury claim might involve. For additional information about a state or federal trucking regulation you believe was violated during your crash, contact Panish | Shea | Ravipudi LLP to request a free case consultation with a knowledgeable truck accident attorney.
