Understanding Federal Motor Carrier Safety Regulations in Georgia Truck Accident Cases

Truck accidents involving passenger vehicles and large commercial trucks in Georgia often create severe damage- both for vehicles and people. Injuries sustained in large truck accidents tend to be significant due to the size and speed at which trucks travel through the streets, highways, and interstates of Atlanta. 

The Impact of Federal Regulations on Georgia Truck Accident Cases

Each city, state, and county has its own laws that establish the “rules of the road” for that place. Passenger vehicles and commercial trucks alike must abide by these rules when it comes to vehicle speed and the obeying of traffic signals and signage. 

Due to the unique qualities of commercial trucks, these vehicles and their drivers must follow additional federal regulations that dictate how these trucks may be operated across the United States. These laws are an acknowledgment of the sort of problems presented by these trucks, should something go wrong. 

For example, commercial truck drivers must obtain a special license to operate these trucks. Additionally, due to the high number of hours that many truck drivers operate their vehicles on a given route, regulations exist that limit the number of hours a driver may be behind the wheel. Inspection and maintenance regulations that specifically apply to the vehicles themselves. 

Specific Federal Regulations Which Relate to Large Truck Drivers

• An interstate truck driver must be at least 21 years of age
• Regular inspections of commercial trucks are initiated by federal vehicle inspectors. Truck drivers must conduct their own investigations each day. When an issue is discovered, it must be logged in the report and made available to authorities and company management. 
• After eight hours of driving, a truck driver must take at least a thirty-minute break. A driver must have been off-duty for ten hours before being able to drive up to 11 hours. 
• Georgia state law requires a truck driver to carry their commercial driver’s license while operating within the state.
• Should a commercial truck driver be involved in an accident, drug and alcohol tests must be taken by the driver.

By the Numbers: Georgia Truck Accidents

• Georgia consistently reports nearly 200,000+ commercial vehicle crashes annually, including both fatal and non-fatal incidents. (Source)
• In recent federal FMCSA data, Georgia recorded ~195,000 total crashes involving large trucks and buses, including thousands of injuries and fatalities. (Source)
• In crashes involving large trucks, more than 70% of fatalities are occupants of passenger vehicles—not truck drivers. (Source)
• The U.S. sees millions of large-truck crashes over time, including over 150,000 fatal truck-involved crashes tracked in federal datasets. (Source)
• Federal enforcement data shows a significant portion of inspected commercial vehicles are placed out of service due to safety violations, often around ~20% in roadside inspections (brakes, tires, logbooks, etc.). (Source)

Why Does a Federal Regulation Being Violated By a Truck Driver Matter in a Georgia Accident?

To begin, when a federal trucking regulation is violated in a Georgia truck accident, it is a good indication that the truck driver is at fault for the accident. The more evidence that points toward liability on the part of the commercial truck driver, the greater the likelihood that an injury victim will be able to collect the damages that he or she deserves. 

An experienced Georgia truck accident attorney knows how to take each of the following federal regulation violations and use them to the advantage of their client:

• Establishing negligence on the part of the truck driver is a critical component of an accident case. Before damages can be collected, fault must be established. By breaking a federal regulation, a truck driver makes it a near certainty that he will be found to have acted negligently. 
• Trucking companies are often an important party in the large truck accident case. In most cases, a truck driver is an employee of the truck company- not a third-party operator or contractor. As such, the company itself has a responsibility to ensure that its drivers are doing everything possible to operate their vehicles in a safe manner. 

What Responsibility Do Trucking Companies Have In A Truck Accident Case?

The federal regulations discussed previously do not apply only to the truck drivers and their vehicles. On the contrary, trucking companies have a responsibility to provide certain services and oversight to their drivers. 

• The driving record of any applicant for a truck driving position must be verified within the prior three-year period.
• Road tests must be held in order to verify the aptitude and ability of the truck driver.
• Background checks- including criminal history searches- must be performed by employees
• Importantly, drug tests must be administered both at set intervals and at random.m
• Reviews of a company’s drivers must be performed each year.

What are the benefits of hiring an Atlanta Truck Accident Attorney?

While there is no such thing as a “sure thing” in a truck accident case, there are several advantages to hiring an Atlanta Truck Accident Attorney after being injured in a trucking accident. 

First, an attorney who has served clients in large truck accident cases knows how to protect valuable evidence. Trucking companies are notorious for hiding or even destroying evidence crucial to establishing fault on the part of their driver. Spoliation letters must be sent as soon as possible after an accident has occurred to avoid a situation where critical evidence ends up going missing. 

Being able to tie together several parties who played a role in injuring a trucking accident victim is another skill possessed by an Atlanta truck accident attorney. Trucking companies, their driver, vehicle maintenance providers, and a host of other parties may have played a role in injuring an unsuspecting victim. Establishing a connection between these parties and the injuries suffered means promoting the interests of the accident victim and furthering their ability to receive the compensation they deserve. 

Contact an Atlanta Truck Accident Attorney For a Free Case Review

When you have been injured due to the negligence of a commercial truck driver, it is essential to have a plan. Mabra Law has served clients for many years who have suffered injuries in accidents involving these large trucks. Do not begin a truck accident case without a plan. Our team of legal professionals has what it takes to fight for your rights when you need it most. 

Contact our office today for a free case review. From investigating the accident, protecting and preserving essential evidence, to pushing for maximum compensation for your losses, trust Mabra Law to use our experience to your advantage.