If you want to pursue compensation from a truck driver after an accident, proving that they or their company violated federal trucking regulations can be immensely helpful. It shows that the defendant acted negligently, giving rise to a personal injury case.

But how can you tell — and more importantly, prove — whether a company disobeyed these laws? Below are a few steps you and your attorney can take.

Seek Data From the Truck’s Electronic Logging Device (ELD)

Commercial vehicles usually contain black boxes or ELDs that track the vehicle’s activity. This data offers valuable information about whether the driver was adhering to federal trucking regulations at the time of the crash.

For example, you can check the driver’s:

Hours of service (HOS) to determine whether they were over the daily limit
Speed and acceleration prior to the accident
Seatbelt usage
Airbag deployment
Brake usage

Catching any violations within this data can help you prove negligence and increase your chances of securing compensation from the company.

Review the Vehicle Maintenance Records

Federal trucking regulations require companies to inspect, repair, and maintain their vehicles regularly to ensure they are in safe working condition. They also require organizations to keep maintenance records as evidence of these activities.

Requesting copies of the vehicle maintenance records can help you and your attorney understand whether any upkeep violations contributed to the accident. If the company cannot provide this documentation, it may be in violation of mandates.

Request Proof of Driver Qualifications

Truck companies have a responsibility to thoroughly vet and train their drivers. The organization should have conducted a background check prior to hiring the driver who caused your accident. If the driver did not have their CDL or meet other federal trucking regulations for employees, the company should have provided the necessary training.

You have the right to seek proof of the driver’s qualifications during the lawsuit discovery process. If a company does not have records of this information, that’s an even bigger problem it needs to address.

Verify the Load Securement at the Time of the Crash

After the crash, an officer should have come to the scene to document the damage and attempt to deduce the cause. Hopefully, the officer reviewed the truck’s load securement to determine whether it contributed to the crash.

The Federal Motor Carrier Safety Administration (FMCSA) regulates cargo securement for commercial vehicles. All cargo should be secure enough to avoid leaking, spilling, blowing, or falling out of the vehicle. Semi-trucks must also balance their loads to avoid fishtailing, which can occur when a truck has more weight at the back than the front.

Seeking records of the vehicle’s load at the time of the accident can support your case.

Check Drug and Alcohol Testing Records

Under FMCSA guidelines, truck companies must also conduct regular drug and alcohol testing on drivers. This should happen:

Before employment
After an accident (alcohol testing within eight hours, drug testing within 32 hours)
At random times, including when drivers are off duty
When the company has reasonable suspicion that an employee is under the influence

If a company cannot provide evidence of recent drug and alcohol testing for the driver who caused your crash, it may be in violation of federal trucking regulations.

Our Attorneys Can Help You Prove Your Truck Accident Case

Proving that a driver or company violated federal trucking regulations can significantly bolster your accident case. Trust our attorneys at Bryan Garrett PLLC to do everything we can to support your claim and increase your chances of securing compensation.

How Can You Tell Whether Federal Truck Regulations Have Been Violated?