How Violations of Federal Trucking Regulations Can Affect Your Truck Accident Case

Michael T. Flanagan, Esq.

Truck accidents often result in devastating injuries and even fatalities, due to the sheer size and weight of commercial trucks. When these accidents occur, one of the most critical factors in determining liability is whether the trucking company or driver violated federal trucking regulations. The Federal Motor Carrier Safety Administration (FMCSA) sets strict safety regulations for the trucking industry, and violations can significantly impact a personal injury or wrongful death claim.

If you or a loved one has been injured in a truck accident in Hollywood, FL, understanding how federal trucking violations affect your case can be the key to securing maximum compensation.

How FMCSA Violations Contribute to Truck Accidents

While truck accidents can occur for many reasons, violations of federal trucking regulations frequently play a role. Some of the most common violations that contribute to accidents include:

Hours of Service (HOS) Violations

Truck drivers are required to follow strict limits on how long they can drive without taking breaks to prevent fatigue-related crashes. Some companies, however, pressure drivers to exceed these limits, leading to drowsy driving.

Impact on Your Case: If a driver exceeded the allowed hours and caused the accident due to fatigue, this could be strong evidence of negligence.

Overloaded or Improperly Loaded Trucks

Federal law restricts commercial trucks to a maximum weight of 80,000 pounds to reduce the risk of accidents caused by excessive weight. Improperly loaded cargo can shift during transport, leading to rollovers or loss of control.

Impact on Your Case: If improper loading or overloading contributed to the crash, the trucking company or cargo-loading company may be liable for the accident.

Failure to Conduct Routine Maintenance and Inspections

Trucking companies are required to regularly inspect and maintain their vehicles. Mechanical failures—such as brake malfunctions, tire blowouts, and steering issues—can lead to catastrophic accidents.

Impact on Your Case: If a mechanical failure caused the accident, maintenance records and inspection logs could serve as crucial evidence in proving negligence.

Hiring Unqualified or Untrained Drivers

Truck drivers must obtain a Commercial Driver’s License (CDL) and undergo specialized training. However, some companies hire drivers without the necessary training or fail to conduct thorough background checks.

Impact on Your Case: If the truck driver lacked proper training or qualifications, the employer may be held liable for negligent hiring and training practices.

Driving Under the Influence (DUI) or Drug Use

The FMCSA enforces strict drug and alcohol testing requirements for commercial drivers. Driving under the influence is a serious violation that significantly increases the risk of an accident.

Impact on Your Case: If the driver tested positive for drugs or alcohol, this serves as strong evidence of negligence and may lead to additional punitive damages.

How FMCSA Violations Strengthen Your Case

If a trucking company or driver violated federal regulations, this can be used as key evidence in your claim. These violations can:

  • Prove Negligence – Demonstrating that the driver or company broke safety regulations strengthens your case.
  • Increase the Likelihood of Compensation – Violations can support claims for damages, including medical expenses, lost wages, and pain and suffering.
  • Lead to Punitive Damages – If the violation is especially egregious, the court may award additional damages to punish the responsible party.

Establishing Liability in Truck Accident Cases

Determining liability in a truck accident case is often more complex than in standard car accidents. Unlike passenger vehicle collisions, multiple parties may share responsibility for a truck crash, including the truck driver, trucking company, maintenance providers, cargo loaders, and vehicle manufacturers. Proving fault requires a thorough investigation and a deep understanding of federal and state trucking regulations.

Key Elements of Establishing Liability

To hold a party accountable in a truck accident lawsuit, the following elements must be proven:

  1. Duty of Care – The defendant (e.g., truck driver, trucking company) had a legal obligation to operate safely and follow all traffic laws and trucking regulations.
  2. Breach of Duty – The defendant violated this duty by acting negligently, recklessly, or failing to comply with federal and state trucking regulations.
  3. Causation – The breach of duty directly caused the accident and the resulting injuries.
  4. Damages – The victim suffered measurable losses, such as medical expenses, lost wages, pain and suffering, or wrongful death.

Who Can Be Held Liable in a Truck Accident?

Truck accident cases often involve multiple liable parties, including:

The Truck Driver

Truck drivers may be held responsible if they were:

  • Driving distracted, fatigued, or under the influence.
  • Speeding or failing to follow traffic laws.
  • Violating Hours of Service (HOS) regulations, leading to driver fatigue.

The Trucking Company

Trucking companies can be liable for:

  • Negligent hiring practices, including hiring unqualified or inexperienced drivers.
  • Pressuring drivers to violate federal trucking regulations by exceeding safe driving hours.
  • Failing to properly maintain vehicles, leading to mechanical failures.

Cargo Loading Companies

Third-party companies responsible for loading the truck may be liable if:

  • The cargo was improperly secured, leading to load shifts.
  • The truck was overloaded, causing loss of control or brake failure.

Truck Manufacturers or Parts Suppliers

If a truck accident was caused by a defective part, such as faulty brakes, steering, or tires, the manufacturer or supplier of the defective component may be held accountable under product liability laws.

Maintenance and Repair Companies

Trucking companies rely on third-party maintenance providers to inspect and repair their fleets. If a mechanical failure caused by improper maintenance contributed to the accident, the maintenance company could be liable.

What Happens If a Truck Accident Results in a Fatality?

Tragically, truck accidents often lead to fatalities due to the force of impact. If a loved one has passed away in a truck accident caused by federal regulation violations, surviving family members may have grounds to file a wrongful death claim. A wrongful death lawsuit allows families to seek compensation for:

  • Funeral and burial expenses
  • Loss of financial support and future earnings
  • Loss of companionship and emotional suffering
  • Medical expenses incurred before death

Navigating a wrongful death claim after a truck accident can be complex. Our experienced personal injury attorneys at Flanagan & Bodenheimer Injury & Wrongful Death Law Firm provide compassionate and dedicated representation to families seeking justice for their loved ones.

Why You Need a Hollywood, FL Truck Accident Lawyer

Trucking accident claims are more complex than standard car accident cases due to the involvement of federal regulations, multiple liable parties, and aggressive insurance companies. At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we focus exclusively on serious personal injury and wrongful death cases, ensuring our clients receive expert legal representation.

Our firm will:

  • Obtain crucial evidence, including trucking logs, black box data, and maintenance records.
  • Consult industry experts, including accident reconstruction specialists and medical professionals.
  • Handle all negotiations with trucking companies and their insurers to secure a fair settlement.
  • Take your case to trial if necessary to ensure maximum compensation.

We intentionally limit our caseload to provide personalized attention to each client. Unlike larger firms, where cases may be handled by paralegals or junior associates, we ensure direct attorney involvement throughout the legal process.

Contact a Hollywood, FL Truck Accident Lawyer Today

Truck accidents often involve violations of federal safety regulations, making them more legally complex than other motor vehicle accidents. If you or a loved one has been injured due to a trucking company or driver failing to follow FMCSA regulations, you may be entitled to significant compensation.

Flanagan & Bodenheimer Injury & Wrongful Death Law Firm is dedicated to fighting for truck accident victims in Hollywood, Miami, Fort Lauderdale, and throughout Florida.

Call (305) 638-4143 or complete our online form for a free consultation today. We also offer virtual consultations to accommodate clients who cannot visit our office in person. Let us help you navigate this difficult time and secure the justice you deserve.


Client Reviews

When faced with the repercussions of a personal injury, choosing the right lawyer for the work ahead is absolutely imperative. When this daunting task fell upon me following a motor vehicle accident, obtaining attorney...

Josh N.

Thank you all for your efforts, often in today's world, it seems everything is about money and people don't seem to care about others. I felt that this was not the case with you and I felt always that you had my best...

A.S

Michael Flanagan and his team were so supportive while handling my case. What I appreciated the most about working with Michael was his honesty and his no nonsense approach at getting the very best for his clients. I'm...

Talia M.

When It Counts

Fill out the contact form or call us at 305-638-4143 to schedule your free consultation.

Free Case Review Schedule Your Appointment Today