Unlike regular car crashes, collisions involving commercial 18-wheelers are governed by a complex web of federal and state laws. To win your case, it is not enough to simply say the truck driver was careless.
A specialized semi-truck accident attorney builds your case by proving that the trucking company directly violated federal safety regulations, turning an "accident" into an act of corporate negligence.
The Federal Motor Carrier Safety Administration (FMCSA) writes the rules for the commercial trucking industry. When a trucking company violates an FMCSA rule and a crash occurs, it strongly establishes "negligence per se," making it much easier to win your lawsuit.
Crucial FMCSA Violations Your Attorney Will Look For
During the discovery process, your attorney will subpoena company records to uncover specific federal violations, including:
- Hours of Service (HOS) Violations: Truck drivers are strictly limited in how many hours they can drive without resting to prevent driver fatigue. Lawyers check electronic logs to see if the driver was pushed to work illegal, exhausting shifts.
- Improper Cargo Securement: Federal law dictates exactly how freight must be tied down and balanced. Unsecured or overloaded cargo causes rollovers and jackknife crashes.
- Negligent Hiring and Screening: Companies must conduct background checks, drug tests, and review driving records. Hiring a driver with a suspended license or a history of DUIs is a massive federal violation.
- Maintenance and Inspection Failures: Trucks must undergo mandatory pre-trip and annual inspections. If an attorney proves the company knowingly deferred brake replacements to save money, punitive damages may be awarded.
Why Federal Violations Increase Settlement Values
Corporate trucking insurers fear juries. If your semi-truck accident attorney can prove that a company systematically ignored federal safety laws to increase profits, juries are likely to award massive verdicts. To avoid this public trial, insurance companies are forced to offer much higher settlements.