Trucking Regulations: How We Prove FMCSR Violations

18-wheelers are 80,000-pound missiles. To keep the public safe, the federal government created strict rules (FMCSR) that trucking companies must follow. When they break these rules to boost profits, they are liable for the carnage they cause.

Hours of Service (HOS) Violations

The most common violation we see is Driver Fatigue. Under FMCSR § 395, drivers are strictly limited in how many hours they can drive without a break.

• 11-Hour Limit: May drive a maximum of 11 hours after 10 consecutive hours off duty.
• 14-Hour Window: May not drive beyond the 14th consecutive hour after coming on duty.
• 30-Minute Break: Must take a 30-minute break after 8 cumulative hours of driving.

Drivers often falsify their logs to "beat the clock." We audit the logs against GPS data and fuel receipts to catch them in a lie.

Maintenance and Inspection Failures

Trucks must be inspected before every trip (Pre-Trip Inspection). We often find that companies ignore bald tires or faulty brakes to keep the truck on the road. A "brake failure" defense is often actually a "maintenance failure" case.

Negligent Hiring (The "Bad Apple" Theory)

Tracking companies have a duty to hire safe drivers (FMCSR § 391). We subpoena the driver's Qualification File (DQ File) to see:

• Did they check the driver's past accident history?
• Did they verify their CDL status?
• Did they ignore positive drug tests?

If a company put a dangerous driver on the road, the company is responsible for every mile they drive.

Weight & Cargo Securement

An overloaded or improperly loaded truck handles poorly and takes longer to stop. We investigate the Bill of Lading and weight station tickets to determine if the truck was overweight at the time of the crash.