Accidents involving commercial trucks are always more complicated than simple accidents among private commercial vehicles. They are also disproportionately likely to be deadly, and they cause extreme amounts of property damage and physical injury due to the nature of the trucks themselves. An Atlanta truck accident lawyer can help you see how federal regulations may influence liability in your accident claim so you can recover the full amount of damages you need to cover your losses.
Federal Regulations That May Apply After a Truck Accident
Commercial Driver’s License (CDL)
One of the first things to consider immediately after an accident is whether the truck driver was properly licensed to drive the sort of truck they were in control of. If a commercial truck has a gross weight rating of 26,001 pounds or more, or if it is hauling hazardous material, federal law requires that the driver have a commercial driver’s license. These licenses, however, are issues by the individual states.
The state of George issues different types of CDLs, but a commercial truck passing through our state may be licensed in another state. Though there can be some slight differences, most states do have fairly similar CDL requirements. Georgia law (which is similar to that of many states) specifies the following:
Class A CDL
This is the type of CDL that you must have to drive a combination vehicle that weighs 26,000 pounds or more and tows a vehicle of more than 10,000 pounds. If you have this CDL, then you are automatically authorized to operate any vehicle in the lesser categories.
Class B CDL
This type of CDL is for either single or combination vehicles where the main vehicle is more than 26,000 pounds and the vehicle being pulled is up to 10,000 pounds, but no more. If a driver has this type of CDL, they can also operate Class C and D vehicles.
Class C CDL
This is for any single vehicle or combination vehicle that doesn’t meet the definition that’s required for CDL Class A or B but is still designed either to transport 16 or more passengers or to transport hazardous materials.
Class D CDL
This license is only for drivers who operate private passenger vehicles, such as a large van or bus.
After your accident, your Atlanta truck accident lawyer can get to work investigating whether the driver had the proper licensing for the work they were doing. If they did not, this could influence liability.
Hours of Service Rules
Federal law puts a limit on how long a driver can spend driving each day, and also how long they can spend driving over the course of a whole week. Obviously, the intent is to keep a driver from becoming so tired that they become a danger to themselves and others. The rules are somewhat complicated, but your lawyer can help you dig through to verify with driving logs and records from the trucking company whether the driver in your accident was violating these rules.
In general, drivers have to rest for 11 hours after driving at least 10 and cannot drive past the 14th consecutive hour after they come on duty. They are required to take a minimum 30-minute rest break after they’ve been driving for eight hours, and all their break or off-duty time they must spend either completely off-duty (away from the truck, which is parked) or in their sleeper birth. Once a driver has spent 60 hours in a single week driving (or 70 hours over the course of eight days) they are required by federal law to have at least 34 hours of consecutive rest.
If a driver has been violating these rules, your lawyer will look at the nature of the violation and who is responsible. In some cases, the responsibility is entirely with the driver, who may be lying to the trucking company about following the rules. In more cases, the driver and company together are ignoring the rules. In some cases, the trucking company may be requiring the driver to violate these rules to keep his her job.
Cargo Loading
The next thing to consider is whether the cargo was loaded properly onto the truck involved in your accident. It must also be secured in the proper manner. Ultimately, responsibility lies with the truck driver to be sure that they don’t take a larger load than their vehicle can haul and that it is properly balanced, so it doesn’t mess with the handling of their truck. This rule typically affects the driver and their personal liability.
Vehicle Maintenance and Inspection
Commercial vehicles have to be regularly inspected, repaired, and maintained and there must be clear records of all these things. At the end of each day, a truck driver is supposed to complete an inspection report and note any issues they find. After every trip, a trucking company is required to certify that it has repaired any issues listed in these inspection reports or verify that there is no issue. If these things aren’t being done, the driver, the trucking company, or both could be at fault.
Rules About Alcohol and Drugs
We all know that driving under the influence is against the law in every state, but federal rules are especially strict when it comes to commercial drivers. In Georgia, the blood alcohol limit for private drivers is 0.08%, but federal law imposes a limit on truck drivers of just 0.04%. Truck drivers are also required to do random drug testing, and if the trucking company has not been doing this, this could contribute to their liability if the driver is found to have been under the influence at the time of the accident. Some accidents triggered automatic drug and alcohol testing of the truck driver.
Who Is Responsible?
This is always the big question: who is actually responsible? In many cases, the driver will be primarily responsible; in some, the primary responsibility may lie with the trucking company. In most cases, liability may be with both of these entities. Commercial trucking companies can be liable for accidents that are caused when a vehicle is unsafe because they have been neglecting proper maintenance, if they have been pushing a driver to violate the rules in order to keep their job, or if they have been negligent in hiring practices.
Your Atlanta Truck Accident Lawyer
When you’re dealing with a complicated case of this nature and the intersection of state and federal law, working with a truck accident lawyer who has experience is of paramount importance. A lawyer will be able to subpoena evidence that may be useful to the case but which either the driver or the trucking company may be reluctant to turn over. You’ll need the hours of service logs, maintenance and repair records, inspection records, inspection reports, the cargo manifest, the results of all drug and alcohol testing that have been done on the truck driver, and employment and driving records.
