When a commercial truck causes an accident, federal safety regulation violations often provide the strongest evidence of negligence. The Federal Motor Carrier Safety Administration (FMCSA) enforces strict rules governing every aspect of trucking operations—and violations of these rules can be powerful proof that a trucking company or driver was at fault.
Understanding FMCSA Regulations
The Federal Motor Carrier Safety Regulations (49 CFR Parts 350-399) establish comprehensive safety standards for commercial motor vehicles. These aren’t suggestions—they’re legally binding requirements, and violations can establish negligence per se in truck accident cases.
Hours of Service Violations (49 CFR Part 395)
Fatigued driving is a leading cause of truck accidents. The Hours of Service (HOS) regulations limit how long drivers can operate:
- 11-Hour Driving Limit: Drivers may drive maximum 11 hours after 10 consecutive hours off duty
- 14-Hour Window: All driving must occur within 14 hours of coming on duty
- 60/70-Hour Limit: No driving after 60/70 hours on duty in 7/8 consecutive days
- 30-Minute Break: Required break after 8 cumulative hours of driving
How violations prove negligence: Electronic Logging Devices (ELDs), now mandatory under 49 CFR 395.8, create a digital record of driving hours. If a driver exceeded HOS limits before causing an accident, this is strong evidence of negligence—and potentially willful misconduct if the carrier pressured drivers to falsify logs.
Vehicle Maintenance Violations (49 CFR Part 396)
The vehicle maintenance regulations require carriers to systematically inspect, repair, and maintain all commercial vehicles:
- Pre-Trip Inspections (396.13): Drivers must inspect vehicles before each trip
- Post-Trip Reports (396.11): Written reports required for any defects
- Periodic Inspections (396.17): Annual inspections by qualified inspectors
- Brake Systems (396.3): Specific requirements for brake maintenance and adjustment
Common maintenance failures: Brake failures, tire blowouts, lighting defects, and steering problems. Maintenance records must be kept for 12 months—if a carrier can’t produce them, that itself suggests negligent record-keeping.
Driver Qualification Violations (49 CFR Part 391)
The driver qualification standards ensure only competent drivers operate commercial vehicles:
- Medical Certification (391.41-391.49): Drivers must pass DOT physical exams
- Drug & Alcohol Testing (391.81-391.87): Pre-employment and random testing required
- Background Checks (391.23): Carriers must investigate driver history
- Road Tests (391.31): Required before hiring
Negligent hiring claims: If a carrier hired a driver with a history of accidents, DUI convictions, or license suspensions, the carrier may be liable for negligent hiring—even beyond vicarious liability for the driver’s actions.
Cargo Securement Violations (49 CFR Part 393)
The cargo securement rules (49 CFR 393 Subpart I) prevent loads from shifting or falling:
- Working Load Limits: Tie-downs must have adequate strength for cargo weight
- Number of Tie-Downs: Minimum requirements based on cargo length
- Commodity-Specific Rules: Special requirements for logs, metal coils, heavy equipment
Improperly secured cargo can shift during turns or braking, causing rollovers or spilled loads that create hazards for other vehicles.
How FMCSA Violations Establish Negligence in Illinois
Under Illinois law, FMCSA violations can establish negligence in two ways:
1. Negligence Per Se: When a statute or regulation is violated, and that violation causes injury, the defendant is presumed negligent. The injured party doesn’t need to prove what a “reasonable” trucker would have done—the regulation sets the standard.
2. Evidence of Negligence: Even if negligence per se doesn’t apply, violations are powerful evidence that the defendant failed to exercise reasonable care.
Obtaining FMCSA Violation Evidence
Critical evidence in FMCSA violation cases includes:
- ELD/Log Book Data: Electronic records of driving hours
- Driver Qualification Files: Training, medical certs, background checks
- Maintenance Records: Inspection reports and repair orders
- Carrier Safety Ratings: FMCSA’s Safety Measurement System (SMS) data
- Post-Accident Drug Tests: Required under 49 CFR 382.303
Act quickly: Carriers are only required to retain some records for limited periods. A spoliation letter from an attorney can prevent destruction of evidence.
Illinois Statute of Limitations
Under 735 ILCS 5/13-202, you have two years to file a personal injury lawsuit after a truck accident. However, investigating FMCSA violations takes time—don’t wait to contact an attorney.
Contact a Chicago Truck Accident Attorney
FMCSA violations can significantly strengthen your truck accident case, but identifying and proving these violations requires legal expertise and rapid evidence preservation. Contact our office for a free consultation to discuss how federal trucking regulations may apply to your case.
