Trucking Regulations: How We Prove FMCSR Violations
By Jason Hicks | Updated: Jan 2026
18-wheelers are 80,000-pound missiles. To keep the public safe, the federal government created strict rules (FMCSR) that trucking companies must follow. When they break these rules to boost profits, they are liable for the carnage they cause.
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.
Drivers often falsify their logs to "beat the clock." We audit the logs against GPS data and fuel receipts to catch them in a lie.
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.
⚠️ Preserve Evidence Now
Trucking companies deploy rapid response teams to "clean" the scene. We must act immediately to secure:
- Driver Qualification File
- Dashcam & Telematics
- Maintenance Logs
- ECM "Black Box" Data
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 put a dangerous driver on the road, the company is responsible for every mile they drive.
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.
Frequently Asked Questions
What is ECM or "black box" data?
The Electronic Control Module records speed, braking, engine data, and other critical information in the moments before and after a crash. This data can prove the driver was speeding or failed to brake in time.
How do I preserve evidence after a trucking accident?
Contact an attorney immediately. We send a spoliation letter within hours demanding the trucking company preserve all evidence. Delays of even a few days can result in data being overwritten or destroyed.
Can I sue both the driver and the trucking company?
Yes. In most cases, the trucking company is liable for the driver's negligence under the theory of respondeat superior. We also investigate whether the company itself was negligent in hiring, training, or supervising the driver.
About the Author
Jason Hicks is a trial lawyer specializing in catastrophic injury and civil rights litigation. He has recovered over $30 million for clients across Oklahoma.