How Trucking Company Policies Affect Your Massachusetts Injury Claim

Truck accidents can leave people with serious injuries and expensive medical bills. Claims can be complicated because trucking companies are required to follow detailed federal and state safety regulations, in addition to their own internal policies. If you’ve been in a trucking accident, reach out to The Law Offices of Gerald J. Noonan to learn more.

Federal regulations and company policies

The Federal Motor Carrier Safety Administration (FMCSA) sets the rules for the trucking industry. These rules cover things like:

• Driver qualifications;
• Vehicle maintenance;
• How cargo is secured; and
• How many hours drivers can work.

Trucking companies are required to follow federal safety regulations, and many have their own internal rules for things like driver training, maintenance, inspections, and scheduling. These policies are meant to help prevent accidents and keep drivers and others on the road safe.

But when a company cuts corners, ignores safety rules, or fails to follow its own procedures, the risk of a serious crash can go up. If those failures played a role in an accident, they may help show that the trucking company acted negligently.

Key trucking policies that can impact your case

Trucking companies follow a variety of rules and internal policies in order to operate safely. These safety guidelines can play a critical role when assigning responsibility after a crash.

Hours-of-service rules and driver fatigue

Driver fatigue is one of the main reasons for truck accidents. To help prevent fatigue, FMCSA rules limit how long truck drivers can be on the road before they must take required rest breaks. The current rules are:

• An 11-hour maximum driving limit after 10 consecutive hours off duty;
• A 14-hour consecutive on-duty limit, after which driving is prohibited;
• A mandatory 30-minute break after 8 cumulative hours of driving; and
• A 60/70-hour maximum over 7 or 8 consecutive days.

Drivers use electronic logging devices (ELDs) to keep track of their hours. If a company pushes drivers to go over the limits, ignores rule violations, or doesn’t check ELD data, it may be held directly responsible if an accident occurs and the violation contributed to it.

Vehicle maintenance and inspections

Commercial trucks need regular inspections and maintenance, and drivers are required to inspect their vehicles before and after each trip. They should report any problems they find, such as brake failures, tire blowouts, steering issues, and broken lights.

If records show that a company skipped inspections or ignored repair needs, this might be used as proof of negligence in a legal claim. If that truck is involved in a crash, the blame might not rest solely on the driver. The driver, the trucking company, and any outside maintenance providers may be held responsible.

Driver hiring and training practices

Trucking companies must hire qualified drivers and provide proper training. FMCSA rules state that employers review driving records, safety performance, and comply with drug and alcohol testing requirements. Companies also need to ensure drivers know safety procedures and can handle the equipment they use.

If a company hires a driver who isn’t qualified, it’s possible that the company can be held responsible for negligent hiring. For example, if a driver with a history of vehicle accidents causes a crash – and the company did not check the driver’s background – the company’s failure to check could be used to support a claim of negligence.

A truck accident lawyer can investigate these hiring practices and uncover evidence that may not be immediately obvious. Strong hiring and training policies not only help prevent accidents but also show a company’s commitment to safety, which can be a key factor in assessing fault if a crash occurs.

How policies can help or complicate your case

A trucking company’s policies can affect your personal injury claim. For example, if you were in a car accident with a truck and the trucking company requires drivers to do daily vehicle inspections – but those inspections weren’t done – that failure can help your case.

If the trucking company can show that it complied with all regulations and policies, it may argue that the accident was solely the fault of the driver or another party.

Determining responsibility when multiple parties may share liability will likely only make matters more complicated. Working with a truck accident lawyer is vital. A lawyer can review the company’s policies and gather the necessary evidence needed to support your claim.

The importance of preserving evidence

Trucking companies must keep certain records (e.g., driver logs, maintenance reports, and inspection records). Even still, some information, especially certain ELD data, can be lost if it’s not saved quickly. After an accident, an experienced truck accident lawyer can send a letter to the trucking company asking them to keep all important evidence.

Relevant evidence can include, but is not limited to:

• Driver logs;
• ELD data;
• Maintenance and inspection records;
• Hiring and training files;
• Drug and alcohol test results; and
• Data from the truck’s event data recorder (also known as a “black box”).

Collecting this evidence as soon as possible can make a considerable difference in proving your claim. Delays in securing records or data can weaken a case, so it’s essential to know what information to request and how to preserve it for use in legal proceedings.

Talk to a Massachusetts truck accident lawyer

Truck accident cases are generally more complicated than car accident claims. If you or someone you care about was hurt in a truck wreck in Massachusetts, The Law Offices of Gerald J. Noonan is here to help. Call us or fill out our outline form to request a free consultation to discuss your case and learn about your legal options.