Truck wrecks are one of the most devastating types of motor vehicle accidents in the United States. According to statistics from the Federal Motor Carrier Safety Administration (FMCSA), each year in the United States accidents with large trucks and buses result in roughly 108,000 injuries and 5,000 wrongful deaths. This includes in California, where many trucks are coming from other states across the country to drop off and pick up consumer goods and resources. That’s why the FMCSA has created regulations that apply to truck drivers and trucking companies no matter what state they are from, going to, or presently in. Unfortunately, our truck accident lawyers in Ontario, California know that far too many truckers violate these regulations. When FMCSA violations causing truck accidents in Ontario result in personal injuries, victims may be entitled to compensation.
Here at the Caruso Law Offices, P.C., our experienced truck accident lawyers have over 35 years of experience handling commercial vehicle wrecks. We have recovered over $30 million for our clients since 2016, and have continued to represent victims and families throughout New Mexico and now in Ontario, California. We will not let dangerous truck drivers or trucking companies get away with statutory or regulatory violations that cause serious or fatal injuries to innocent people. To learn more about your rights to compensation, you can contact us to schedule a FREE consultation.
What is the FMCSA?
The FMCSA is a federal agency that regulates commercial vehicles in the United States. The regulations promulgated by the FMCSA pertain to truck drivers and trucking companies. These serve as the minimum requirements that must be followed. That is important because trucking is an interstate business. That means that most commerce occurs between multiple states in the United States, with trucks driving through multiple states to make a delivery.
Thus, because it is too hard to comply with all states that may have slightly different laws, the FMCSA has set very specific rules and regulations that apply in every state. That means that every truck driver or trucking company must comply with these regulations. Since most of the regulations involve safety and equipment, violations of FMCSA regulations can often be used to help prove negligence.
3 FMCSA Violations Causing Truck Accidents in Ontario
Although there are many different FMCSA regulations, there are some very common FMCSA violations causing truck accidents in Ontario, California that occur way too often. That is due to a combination of negligence between truck drivers and trucking companies. If you or a loved one are injured in any trucking accident, it might be due to an FMCSA violation.
Some of the most common FMCSA violations causing truck accident in Ontairo, California include the following:
Even though this should go without saying, traffic violations and infractions are some of the most common FMCSA violations. Although the FMCSA does not actually have any traffic rules, it does require that all truck drivers and trucking companies follow the local laws and rules of the road in the state where they are driving through or operating in.
Therefore, any violation of a speeding law, stop sign, red light, or any other type of traffic law, is also a FMCSA violation. That gives plaintiffs an extra tool against a defendant to help settle a case or present a case to a jury.
Using a Hand-Held Mobile Phone
Distracted driving is an epidemic in the United States, actually throughout the world. Far too many traffic injuries and fatalities are caused by cell phone use. Unfortunately, this includes truck drivers too. The FMCSA forbids truck drivers from using a hand-held cell phone while operating a commercial vehicle. Unfortunately, far too many truck drivers continue to violate this regulation which results in serious or fatal accidents. Victims injured in a trucking wreck where a defendant may have been using a cell phone may be entitled to use this violation to support their case.
Drug or Alcohol Use
Despite all states having laws against alcohol and drug use while operating a vehicle, the FMCSA also has very serious regulations in place that prohibit drug and alcohol use. In fact, the BAC for the FMCSA is the strictest in the country and requires a 0.0 BAC. The FMCSA also prohibits a truck driver from having ANY alcohol within 4 hours of starting a shift too, which is the strictest of any state too. The violation of these regulations can be used to help prove a case.
Injured in a Trucking Accident in Ontario, California? Call the Caruso Law Offices, P.C. for Help
If you or a loved one were seriously injured in a motor vehicle accident occurring anywhere in New Mexico or Ontario, California, especially from a truck driver that may have violated the FMCSA, please call our experienced truck accident lawyers to schedule a FREE consultation to learn more about your rights to compensation under the law. There is no obligation to sign up and no upfront costs or fees if you hire our law firm and if we accept your case.
Call today to learn how we can recover you or your loved ones the compensation you deserve by scheduling your FREE consultation by dialing (505) 273-2978.
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. We also have a second trucking accident office in California, serving those in Inland Empire and San Bernardino County, as well as those who have been catastrophically injured or wrongfully killed throughout California. Please call to schedule for FREE appointment by dialing (505) 273-2978 or contact us through our website’s easy to use and convenient contact box available here.