Trucking Regulations: How We Prove FMCSR Violations

A fully loaded commercial truck can cause catastrophic harm. Federal motor carrier rules exist because driver hours, maintenance, qualifications, and trip records can affect public safety. When those rules are violated and the violation contributes to a crash, the records may become central evidence.

Hours of Service (HOS) Violations

The most common violation we see is Driver Fatigue. Under FMCSR § 395, drivers are strictly limited in how many hours they can drive without a break.

• 11-Hour Limit: May drive a maximum of 11 hours after 10 consecutive hours off duty.
• 14-Hour Window: May not drive beyond the 14th consecutive hour after coming on duty.
• 30-Minute Break: Must take a 30-minute break after 8 cumulative hours of driving.

Driver logs can be incomplete, edited, or inconsistent with other records. We audit logs against GPS data, fuel receipts, dispatch records, and other time-stamped proof.

Maintenance and Inspection Failures

Trucks must be inspected before every trip (Pre-Trip Inspection). We often find that companies ignore bald tires or faulty brakes to keep the truck on the road. A "brake failure" defense is often actually a "maintenance failure" case.

Negligent Hiring (The "Bad Apple" Theory)

Trucking companies have a duty to hire safe drivers (FMCSR § 391). We subpoena the driver's Qualification File (DQ File) to see:

• Did they check the driver's past accident history?
• Did they verify their CDL status?
• Did they ignore positive drug tests?

If a company ignored known driver-safety problems, those decisions may become part of the liability case.

Weight & Cargo Securement

An overloaded or improperly loaded truck handles poorly and takes longer to stop. We investigate the Bill of Lading and weight station tickets to determine if the truck was overweight at the time of the crash.