Violations of these federal regulations can lead to preventable truck accidents, along with related injuries and deaths. If there is evidence of a broken FMCSA rule in connection to your accident, a New Mexico semi-truck accident attorney can help you hold someone accountable.
Large trucks pose significant risks to other road users. To decrease the likelihood of trucking accidents, a national agency known as the Federal Motor Carrier Safety Administration (FMCSA) enforces a set of laws for trucking companies and truck drivers to follow.
Truck Driver Qualifications
Operating a big rig takes certain abilities. To ensure that a commercial driver has what it takes to safely drive a large truck, the FMCSA has specific licensing, training and driving requirements, as well as medical and physical eligibility qualifications.
An applicant in New Mexico must have the following to be hired as a truck driver:
- Valid commercial driver’s license (CDL)
- Driver’s road test certificate or equivalent
- Medical examiner’s certificate (after passing a medical examination)
- Negative drug and alcohol test results
- Relevant employee safety performance history
- No disqualifying offenses on a motor vehicle record
- Adequate English proficiency (written and spoken)
In recent years, there has been a national shortage of long-haul truck drivers, which has led to more trucking companies skipping steps in the hiring process. Unfortunately, this has led to more unqualified and dangerous drivers behind the wheel of big rigs.
Hours-of-Service Rules
Truckers have to deal with long shifts and hours spent alone on the road, often overnight. While they have their trucks’ sleeper berths on longer drives, many drivers find it difficult to get a good night’s sleep, especially if their sleeping schedules have been reversed. In addition, many truck drivers deal with sleep apnea due to their living conditions, which can lead to low-quality sleep.
All of these factors mean that a truck driver is at a high likelihood of suffering from drowsiness and fatigue while operating an 18-wheeler. To help combat drowsy driving, the FMCSA has hours-of-service (HOS) restrictions in place. The HOS rules require truck drivers to limit their amount of driving time and balance it with rest breaks or off-duty time to ensure they remain awake and alert on the job.
Drug and Alcohol Testing
There are strict federal and state laws against drug and alcohol use by truck drivers. The FMCSA has required testing protocols for all truck drivers. This includes testing before hiring a new driver, after any accidents involving the truck driver and at random. Operating under the influence of intoxicating drugs or alcohol is against the law and could result in a criminal DUI charge for the truck driver in New Mexico.
Truck Cargo Regulations
Semi-trucks can carry thousands of pounds’ worth of cargo. If cargo is not properly loaded, balanced or secured onto the large truck, an accident caused by the cargo can occur. The truck may lose balance and roll over, or cargo may spill into the road.
The FMCSA has rules for the height, length and weight of a common carrier. A truck cannot exceed these measurements without a special permit and additional safety measures. There are also cargo securement rules that require a truck’s cargo to be properly tied down with the right devices to help prevent lost loads. This includes special rules for hazardous materials and the transport of heavy machinery.
Truck Inspections and Maintenance
The proper maintenance of a big rig is crucial to the safety of the truck and the success of its deliveries. Trucking companies and truck owner/operators are legally obligated to regularly inspect and maintain the trucks that are within their control. Truck drivers should also inspect their trucks before and after trips.
They must ensure their trucks are in proper working order and compliant with all relevant federal requirements. This includes having the proper parts and accessories necessary for safe operation, such as working brakes, windshield wipers, steering components and lights. Large trucks also need additional equipment to improve their safety, such as rear-impact guards to help prevent underride accidents.
Insurance Requirements
Under federal law, commercial trucks must be covered by adequate amounts of insurance. Trucking companies must maintain at least $750,000 in bodily injury, death and property damage liability insurance on trucks that weigh over 10,001 pounds. If a truck is carrying hazardous materials, this limit can increase to up to $5 million in coverage. Insurance is required to pay for the injuries and losses of others if a truck driver or company causes an accident.
Recordkeeping Rules
In 2022, the FMCSA reported 5,837 fatal accidents involving large trucks in the U.S. In an effort to identify what most often causes large truck accidents and improve the safety of the industry overall, the FMCSA imposes certain recordkeeping requirements on trucking companies.
Large trucks must be equipped with black boxes or event data recorders to capture relevant truck and driver data in the moments leading up to an accident. Drivers must also maintain daily logbooks with their hours and truck inspection reports.
Trucking companies must keep copies of certain records for a minimum amount of time under federal law. This includes truck driver drug and alcohol testing results, driver employment records, truck accident reports, and vehicle inspection and maintenance logs.
Broken FMCSA Regulations and Truck Accidents
When a truck accident takes place, an investigation is conducted to determine the cause of the crash. It is often discovered that the truck driver, trucking company or cargo company failed to adhere properly to FMCSA safety laws. Evidence of a violated federal regulation can provide the basis of a claim or lawsuit against the trucking company.
Since New Mexico is a fault-based car insurance state, the party responsible for causing a commercial truck accident can be held liable or financially responsible. The injured accident victim will need to provide evidence of fault to be eligible for benefits from the at-fault party’s insurance provider. Evidence may include photographs, video footage, trucking company records, the truck’s black box, witness statements and expert testimony.
If you get involved in a truck accident, it is important to have an experienced truck accident attorney in New Mexico investigate your case to search for signs of a broken FMCSA trucking regulation. Depending on what your attorney finds, you may have the right to file a lawsuit in pursuit of financial compensation for your losses.