Truck accidents are a leading cause of serious injury and death on our nation’s highways. In 2019 alone, there were over 5,000 fatalities in crashes involving large trucks and buses across the United States.
If you or a loved one has been injured in a truck accident in Ohio, it’s important to understand how federal regulations may impact your case. The Federal Motor Carrier Safety Administration (FMCSA) is the agency responsible for regulating the trucking industry and reducing crashes, injuries, and fatalities.
How FMCSA Regulations Affect Truck Drivers and Carriers
The FMCSA enacts and enforces regulations for commercial truck drivers and motor carriers (companies that employ drivers and own/operate trucks). Some key regulations include:
- Hours of Service – Limits on consecutive and weekly driving time for truckers to prevent fatigue. Generally, no more than 11 hours of driving in a 14-hour period, with required rest breaks.
- Drug and Alcohol Testing – Mandatory testing for all drivers to detect and deter substance abuse.
- Driver Qualifications – Minimum training and experience required to obtain a commercial driver’s license (CDL).
- Vehicle Maintenance – Rules on inspecting, repairing, and maintaining trucks and equipment to remain roadworthy.
- Safety Measurement System – A data-driven program that prioritizes carriers with patterns of non-compliance for intervention.
- Electronic Logging Devices (ELDs) – Electronic devices that track driving time and rest periods, preventing logbook manipulation.
- Minimum Insurance Requirements – Carriers must carry set liability insurance coverage per truck in case of accidents.
How FMCSA Violations Can Strengthen Your Ohio Truck Injury Claim
When truck drivers and motor carriers break FMCSA safety rules, it demonstrates negligence that directly endangers the public. FMCSA violations can be used to establish liability and seek maximum compensation if you are injured by any of the following:
Fatigued Driving – Truckers violating hours of service limits by driving too many hours without rest can result in drowsy or inattentive driving that causes wrecks. ELD evidence makes fatigue violations easy to prove.
Impaired Driving – Positive drug tests and prior DUI convictions show drivers operated vehicles while impaired, risking crashes. Violating zero tolerance policies demonstrates disregard for safety.
Poor Maintenance – Evidence of defective equipment like faulty brakes can point to trucking companies failing to properly maintain vehicles. Violations of inspection rules can help build your case.
Unqualified Drivers – Lack of a valid CDL, poor driving history, or inadequate training indicates negligence in hiring. Background checks could have prevented hiring unsafe drivers.
Overloaded Trucks – Overloaded rigs have slower stopping times and are more difficult to control, increasing crash risks. Citations for exceeding weight limits prove negligence.
Your Ohio Truck Accident Attorney’s Role
After any truck collision, your experienced attorney’s top priorities are to:
- Gather police reports, Federal inspection reports, carrier safety records, ELD data, and other evidence to build your claim.
- Hire accident reconstruction and trucking safety experts to show precise causes and regulatory lapses. Analyze ELD, GPS, and vehicle computer data.
- Determine all liable parties – the driver, carrier, parts manufacturers, shippers, brokers, etc. Leave no stone unturned.
- Thoroughly calculate and document your monetary losses – medical bills, lost income, pain and suffering damages, loss of consortium, and other costs.
- Consult doctors and vocational experts to prove future medical needs and lost earning capacity.
- Negotiate assertively with insurers to demand maximum compensation in settlement talks. Leverage carrier violations.
- Take your case to trial if trucking companies refuse reasonable settlement offers. Retain the best trial attorneys.
Ohio’s Laws on Negligence and Damages
Ohio is a “comparative negligence” state. This means you can recover damages even if you were partially at fault, but your compensation is reduced by your percentage of fault. You cannot be more than 50% at fault to recover damages. Ohio also does not cap personal injury economic damages – you can fully recover losses proven in your case. There is a cap for non-economic damages like pain and suffering.
Seeking an Experienced Truck Accident Lawyer is Critical
The aftermath of a truck collision is devastating, and navigating the legal process is complex. An experienced Ohio truck accident lawyer will protect your rights every step of the way. The attorneys at Monge & Associates offer free case reviews to injury victims and families statewide. Contact us at (888) 477-0597 to discuss your potential case and legal options.
With 32 offices in 19 states, including Ohio, South Carolina, and Georgia, we enable you to focus on your recovery while we handle the legal fight for you. Don’t wait; contact us today!