What Is The Federal Motor Carrier Safety Administration (FMCSA)?
The United States Department of Transportation (DOT) formed the Federal Motor Carrier Safety Administration (FMCSA) in 2000 to reduce collisions, injuries and deaths involving large trucks and buses. The FMCSA monitors motor carriers’ safety performance through roadside inspections and collision investigations. Also, it issues citations to truck drivers and motor carriers that violate the Federal Motor Carrier Safety Regulations (FMCSR).
Contact Graham Scofield Injury Lawyers if you were injured in a truck accident caused by an unsafe truck driver. Our Atlanta truck accident lawyers are glad to help you.
Call us today at (404) 939-9470. Also you may fill-out our online contact form to schedule a free case review.
What Are The Federal Motor Carrier Safety Regulations (FMCSR)?
The FMCSA enacted the Federal Motor Carrier Safety Regulations (FMCSR) to ensure that the trucking industry is safe and efficient. U.S. states can also implement their own safety trucking regulations. However, those regulations cannot be looser than the FMCSR.
Here are some safety issues that are governed by the Federal Motor Carrier Safety Regulations:
Truckers may be banned from the roads if they are accident prone.
Truckers must not drive too many hours without resting.
Truckers must not consume alcohol or drugs.
Truckers and their carriers must perform preventive maintenance on their vehicles.
Truckers must use extreme care when transporting dangerous cargo.
Truckers must undergo a medical exam every 24 months to ensure they’re healthy.
Our Atlanta truck accident lawyers will evaluate every potential FMCSR violation when we investigate a truck accident. We do that by reviewing the following information:
- Driver background records and licensing
- Truck company history
- Third party loading practices
- Vehicle maintenance records
- Hours of service logs
- Driver medical and toxicology records
- Photo and video evidence
- Cell phone tower data
- Accident reconstruction data
- Police reports
What Vehicle Types Are Covered By The Federal Motor Carrier Safety Regulations (FMCSR)?
Contrary to what you might think, the FMCSR don’t apply to every vehicle that you might consider a “truck.” The Federal Motor Carrier Safety Regulations only cover the following types of vehicles:
- Vehicles that weigh more than 10,001 pounds.
- A vehicle designed or used to carry between 9 and 15 passengers (including the driver) for compensation.
- A vehicle designed or used to carry 15 or more passengers (including the driver) without compensation.
- Any size vehicle used to carry hazardous materials.
Moreover, even if the truck meets one of those criteria, it still might be exempt from FMCSR coverage. Why? Because the truck must also have been engaged in interstate commerce. So, the FMCSR might not apply if you’re injured by a box truck weighing more than 10,001 pounds that is being used by someone to locally move their personal items.
Insurance Minimum Requirements
Truck accidents cause enormous damage. As a result, the law requires trucks to carry a minimum amount of insurance coverage to protect accident victims. For instance, Georgia requires minimum policy limits of $100,000 per person affected and $300,000 total per accident.
Federal insurance requirements are:
- $750,000 – For trucks that weigh at least 10,000 pounds and do not carry hazardous material.
- $1,000,000 – For trucks weighing at least 10,000 pounds that carry miscellaneous hazardous materials such as oil.
- $5,000,000 – For trucks that either carry at least 3,500 gallons of certain hazardous materials, or carry certain highly dangerous materials such as explosives or contents that are poisonous if inhaled.
Our legal team at Graham Scofield Injury Lawyers will identify every potential source of insurance coverage that can help you. That way, you can earn the compensation you deserve.
How To Get A Large Settlement
The truck driver’s insurance carrier wants to pay you as little money as possible. Therefore, you need to hire the best Atlanta truck accident lawyers to hold them accountable. Our legal team will make it clear that you have a strong case. Additionally, we’ll show the insurance company that you’re ready to go to trial if they make a low-ball offer.
At Graham Scofield Injury Lawyers, we’ll help you recover max damages for your losses. We’ve won millions of dollars for our clients. We’ll take your case to trial if the insurance companies won’t negotiate with us.
Call us today at (404) 939-9470. Also you may fill-out our online contact form to schedule a free case review.
