Truck Drivers, Safety Regulations and Civil Liability for Truck Companies
Our personal injury lawyers have written before about the Federal Motor Carrier Safety Regulations and how they impact the public safety when it comes to truck drivers operating tractor trailer rigs on our interstate highways. Obviously, before anyone can operate a tractor trailer rig, they must be physically able and qualified to drive. As an example, they must receive a certificate of a medical examination in which a doctor confirms that they are physically fit and able to operate a tractor trailer. See 49 C.F.R. § 391.43. A road test must be passed by the truck driver. See 49 C.F.R. § 391.31,.35. Drug testing must also take place on a pre-employment basis and anytime after an accident occurs. See 49 C.F.R. § 382.301,.303,.305.
In order to prevent driver fatigue, there are strict limits on the number of hours that a driver may stay on duty. See 49 C.F.R. § 396.3,.5. To documents that drivers do not go over the allocated hours, they must maintain accurate and up to date logs of their time of duty and time on the road. See 49 C.F.R. § 395.8. Truckers may not drive at all once a driver has been on duty seventy hours in any eight consecutive days. See 49 C.F.R. § 395.3.
Companies that do not monitor compliance with these safety regulations can be held liable for their failure to do so. Drivers may commit negligent acts that give rise to civil liability for money damages and their employers can be held independently liable if they do not do enough to prevent accidents caused by safety violations. In every truck case involving serious injury or death, the trucking company’s records should be subpoenaed to make sure that safety regulations were followed. If not, as is often the case, additional damages can be awarded against the trucking company for proven safety violations.
