Commonly Violated FMCSA Rules and Regulations


October 28, 2022

 by Caruso Law Offices, P.C. | 

Albuquerque Trucking Accident Lawyer Explains the Commonly Violated FMCSA Rules and Regulations You Need to Know

Commercial truck drivers have a responsibility to adhere to not only their state rules and regulations regarding operating and maintaining their trucks, they are also required to adhere to the Federal Motor Carrier Safety Administration’s (FMCSA) rules and regulations. These rules and regulations are in place to ensure all drivers are safe on the road. When a FMCSA regulation is violated, it can lead to a catastrophic or even deadly accident. Unfortunately, there are many commonly violated FMCSA rules and regulations which could result in catastrophic or fatal crashes.

If you or a loved one were seriously injured in any type of commercial trucking accident with a big rig, call our experienced Albuquerque trucking accident lawyer to review whether one of these commonly violated FMCSA rules and regulations harmed you or a loved one. Learn more during a FREE consultation with one of our experienced team members during a no-obligation appointment.

Who is the Federal Motor Carrier Safety Administration (FMCSA)?

The FMCSA is a federal government agency that supplies rules and regulations to allow for oversight of commercial motor vehicles such as commercial truck drivers, with the goal of reducing fatal crashes, injuries or any type of crash involving a commercial motor vehicle.

FMCSA Rules and Regulations That are Commonly Violated

Use of a Handheld Phone – This regulation is unfortunately often violated, leading to serious accidents. There is no reason for a violation of this regulation, and therefore any victim who is injured in a commercial trucking accident as a result of this violation should be compensated for any damages sustained.

Drunk or Drugged Driving – Driving under the influence of alcohol or drugs is an obvious violation. Not only is this a violation of state regulations, but is also a violation of FMCSA regulations. Any violation of this regulation that results in an accident causing injuries makes the client very likely to receive damages for injuries sustained.

Moving Violations (i.e. speeding, unsafe lane changes, improper turns, tailgating, reckless driving, failure to use signs and failure to obey traffic signs) – These moving violations can all result in serious commercial vehicle crashes. Commercial truck drivers are professional drivers, and are taught to drive their commercial vehicles in a safe manner. When they choose to violate any of these regulations and it results in innocent victims being hurt or even killed, victims and their families are eligible for compensation.

Failure to Secure Cargo – This is a very serious violation. Commercial truck drivers and other parties who deal with the loading of cargo are aware of how to secure cargo properly to avoid unsafe situations that lead to commercial trucking accidents. Additionally, truck drivers are responsible for assessing the cargo periodically during their journey as well as prior to starting their journey to ensure that the vehicle maintains appropriately secured.

Failing to Conduct an Inspection Prior to Starting a Trip – Truck drivers are required to inspect the truck prior to starting a journey per FMCSA violations. Sites of inspection include the following:

  • Hand brakes
  • Trailer brakes
  • Suspension
  • Tires
  • Horn
  • Wipers
  • Wheels and rims
  • Emergency equipment
  • Turn signals
  • Truck frame
  • Brakes
  • Steering
  • Lights and reflectors
  • Rearview mirrors

If a truck driver fails to conduct an inspection prior to starting a trip, it can result in a catastrophic accident if there is a malfunction of any of these parts of the truck.

Injured in a New Mexico Trucking Accident Due to the Commonly Violated FMCSA Rules and Regulations? Call Us For Help

If you or a loved one were seriously injured or if a loved one was wrongfully killed in a trucking wreck due to one of the most commonly violated FMCSA rules and regulations, call our experienced Albuquerque trucking accident lawyer for help. We offer free consultations and can help you and your family recover the compensation that you deserve. Learn more by dialing (505) 384-7865 to schedule your FREE consultation.

We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 384-7865 or contact us through our website’s easy to use and convenient contact box available here.

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