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Case focus
Catastrophic Trucking Litigation
The Federal Motor Carrier Safety Administration regulates every aspect of commercial trucking — from driver qualifications to vehicle maintenance to hours of service. Violations of these regulations are powerful evidence of negligence.
Proof track
Driver exceeded maximum driving or on-duty limits.
Carrier failed to conduct required inspections or repair known defects.
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01
Key FMCSA Regulations in Crash Cases
The Federal Motor Carrier Safety Regulations (49 C.F.R. Parts 350-399) cover:
- Part 382: Drug and alcohol testing requirements.
- Part 383: Commercial driver's license standards and requirements.
- Part 391: Driver qualifications — hiring, screening, medical certification, and road testing.
- Part 392: Driving of commercial motor vehicles — distraction, fatigue, and safe operation rules.
- Part 393: Parts and accessories — equipment standards for brakes, tires, lighting, and safety devices.
- Part 395: Hours of service — driving and rest time limits.
- Part 396: Inspection, repair, and maintenance requirements.
02
How FMCSA Violations Prove Negligence
FMCSA violations are powerful evidence in trucking litigation because:
- Negligence Per Se: In Oklahoma, violation of a safety regulation can constitute negligence per se — meaning the violation itself establishes the breach-of-duty element of a negligence claim.
- Carrier Knowledge: Carriers are required to know and comply with FMCSRs. Ignorance is not a defense.
- Pattern Evidence: A carrier's history of FMCSA violations — documented in FMCSA inspection and compliance records — can establish a pattern of disregard for safety.
- Punitive Damages: Willful or reckless violations of federal safety regulations can support punitive damages claims.
03
How We Obtain FMCSA Records
- FMCSA SAFER System: Public database containing carrier registration, safety ratings, and inspection summaries.
- SMS Data: Safety Measurement System data showing the carrier's scores in seven Behavior Analysis and Safety Improvement Categories (BASICs).
- Inspection Reports: Detailed reports from roadside inspections documenting specific violations found on the carrier's vehicles and drivers.
- Compliance Reviews: FMCSA or state-level compliance review reports documenting systemic violations at the carrier level.
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