What Happens When Trucking Companies Fail FMCSA Compliance?
The trucking industry is complex, with many separate entities responsible for ensuring that a truck is well maintained, securely loaded, and safely on the road, and that it is driven by a well-qualified, alert driver. Because trucks cross state lines, all entities involved in trucking must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. Failing to adhere to regulations can lead to accidents with catastrophic consequences for victims.
If you or a close family member suffered injuries in a trucking accident, contact a truck accident attorney in OKC to evaluate your claim and determine if non-compliance with FMCSA regulations played a role in your accident.
Understanding Common FMCSA Violations
Federal regulations are in place to minimize the risks of truck accidents, particularly those between immense commercial trucks and much smaller vehicles on the road. Still, according to the National Safety Council (NSC), there were 5,375 fatal truck accidents in a single recent year, with 70% of truck accident injuries and fatalities occurring to motorists in other vehicles.
Common FMCSA violations include the following:
- Hours of service (HOS) violations
- Hour logging violations
- Inspection violations
- Maintenance violations
- Inspection and maintenance logging violations
- Commercial Driver’s License (CDL) and driver qualification violations
- Record of duty status violations on electronic logging devices (ELD)
- Traffic violations, such as speeding, failing to yield the right of way, railroad crossing violations, and improper turns
- Improperly loaded cargo/unsecured cargo, or failure to use appropriate load securing devices
- Drug and alcohol testing violations for new hires and drivers
Following FMCSA regulations not only helps avoid fines and penalties but also reduces the risk of accidents. When violations occur and lead to accidents, an OKC truck accident lawyer can help victims hold negligent parties accountable.
What are the Consequences of FMCSA Violations?
Fines for violations, such as HOS infractions, increase with the severity of the violation and the number of subsequent offenses, ranging from hundreds to thousands of dollars. Fines may exceed $200,000 for violations involving hazardous materials transportation.
Repeated violations can result in penalties in addition to fines. For example, multiple violations may result in adverse impacts on a trucking company’s Safety Measurement System (SMS), including the following:
- A negative compliance review, revealing serious or systemic violations that may result in the suspension of the company’s operating authorization
- Poor compliance and safety scores result in higher insurance costs
- Liability in truck accident claims
After a truck accident in Oklahoma City or elsewhere in Oklahoma, the insurance company conducts an investigation. Their goal is to limit liability and reduce the amount they have to pay on a claim, or to deny the claim completely.
An Oklahoma City truck accident attorney investigates the accident to protect the injury victim’s right to the full available compensation for their damages. One important aspect of the investigation is to determine if the truck driver or the trucking company violated FMCSA regulations or has a history of dangerous violations.
Truck accident claims are complex, due to the many potentially liable parties. Investigating all aspects of the accident, including a trucking company’s record of FMCSA violations, is essential to maximize the chances of a favorable outcome in your truck accident claim.
Contact an Oklahoma City Truck Accident Lawyer
If you’ve been injured in a truck accident, don’t wait to protect your rights. Contact an experienced truck accident attorney from Dan Davis Law today at (405) 930-4210 for a free consultation.