What Happens If a Commercial Truck Driver Violates Safety Regulations?

The primary safety regulations that cover trucks are laid down by the Federal Motor Carrier Safety Administration (FMCSA), and when the driver or owner of a large commercial truck violates these regulations, it can greatly influence liability in an accident. Talk to a truck injury lawyer in Queens, NY as soon as possible if you’ve been in a truck accident to pursue those responsible for your damages and losses.

From a Truck Injury Lawyer in Queens: What Happens If a Truck Driver Violates Safety Regulations?

If a driver has been violating safety regulations, they can face penalties that escalate quickly with each violation. These can be anything from fines to the suspension or even complete revocation of their CDL license. These violations can include exceeding Hours of Service without taking the proper breaks, manipulating their records, failing a drug or alcohol test, overloading a truck or not securing the load properly, and much more. If a driver has violated these rules, this makes it much more likely they will be held at least partially liable in the event of an accident. To determine who is liable in an accident, you have to establish negligence. Negligence happens when someone owes others a duty of care but violates that duty, and that violation specifically causes an accident or materially contributes to how bad the accident is. For example, if a driver has been violating the rules about how long they can drive without taking a break, even if the accident was initiated by a different vehicle, you may be able to show that the driver was badly fatigued and this caused the accident to be much worse than it would’ve been.

The Good News and the Bad News

The good news is that violations of trucking regulations are serious matters, and if a driver has been violating regulations, proving negligence can be much more straightforward than it would otherwise be. The bad news is that insurance companies can use an FMCSA violation to deny claims in many cases. Many of the insurance policies in place for truckers will state specifically that violating safety regulations is grounds for denial of coverage. If the insurance company denies coverage, then it may be difficult to recover the full amount of your losses and damages.

Complicating Factors

Who Owns the Truck?

Sometimes it’s the individual driver, but sometimes it’s a trucking company. This can have a big effect on liability and what your options are for bringing a personal injury claim.

What’s the Driver’s Status?

If the driver is an employee, then the driver’s employer can be held responsible for their actions during the course of normal work. But if the driver is considered self-employed, or an independent contractor, then the company may not be liable.

It’s important to know that many companies incorrectly classify employees as independent contractors to avoid taxes and liability in accidents like this. There are specific tests that can be used to determine whether a person actually qualifies as an independent contractor. If you’ve been in an accident, contact us right away at Bardizbanian & Associates in Queens, NY, where we also serve clients in the Bronx, Brooklyn, Manhattan, and Long Island.

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