Welcome to our page with important and helpful rules for the road. There are many regulations for truckers nationwide and in California. This page is written by the award-winning and aggressive Ehline Law Firm. If you have additional questions, call us and leave a message. We promptly return calls.
What Does Title 49 of the Code of Federal Regulations Say?
First of all, you already know that trucks that are 18-wheelers or big rigs are hefty and large. These vehicles cause a large percentage of motor vehicle accidents. Also, the United States roadways remain filled with these steel beasts.
There are numerous reasons why trucking accidents happen. And an experienced legal expert will tell you the number one reasons is fatigue. According to the NHTSA, overworked and tired truckers lead in auto accidents. And this is despite strong regulation in Title 49 of the Code of Federal Regulations.
So these are most of the regulations that govern commercial motor operators. And these rules also include the Hours of Service. So this is the amount of time that the employee is permitted to drive daily. Plus, it regulates the amount of rest they must have.
The operator must keep a log of their day.
They must log the hours they have driven, and
Hours of sleep.
They are even required to log if they have been negligent in driving.
What About State Laws?
Many states have their sleep requirements. But a general rule exists for California employees. Mostly, for every 12 hours of driving, you must take 10 hours of rest. (Read more.)
What Does the FMCSA Say About Driving Logs?
When an accident occurs, one of the best forms of evidence is the driving log. The other factors that can provide evidence are the employee’s overall safety record.
So this will include:
Cell phone records
So this would record obvious negligence such as using a cell phone or texting. After all, this contributes to motor vehicle accidents, and we all know this.
This risk has not gone unnoticed; the Federal Motor Carrier Safety Admin (FMCSA) proposed legislation that would ban handheld cell phones while driving in all states. There are already many states with laws prohibiting handheld cellphones by drivers.
California is one of the states that outlaws use of phones in your hand while driving. And they also include 18-wheelers in this ban. When the law went into effect in 2008, drivers that held a Class A or B license did not need to comply.
So back then, the cell phone law was not applicable in states other than those that had their own regulations. The FMCSA outlines the training requirements for drivers.
Is Evidence of Driver Training Key in Many Cases?
Evidence of operator training is prime for a trucker accident case. Also, included are:
Requirements for drug and alcohol testing for employees
Their driving practices
Furthermore, a mandate exists for:
Maintenance of components or accessories
Regulations for the transport of toxic or hazardous materials.
Why Not Leave it to the Local Attorney.
Any of these regulations or negligence of them can be a factor in the injury or death in a crash. Michael P. Ehline, Esq. will investigate. That way, he can determine if any of the regulations have not gotten followed.
Then we can hold whoever is at fault responsible. And then you can recover the compensation that you deserve. If you would like more information, please feel free to call (213) 596-9642. Or click here to visit our web page.
How Much is My Case Worth?
Please use any of our easy contact us methods for your free case evaluation. Don’t let the statute of limitations expire in your case. Time is of the essence.
Do I Need a Lawyer?
The deal is, you need a lawyer in order to safeguard your legal rights. Plus, you can assure you obtain reasonable compensation for your losses arising from your accident. Since we offer a free legal consultation, why not contact us now to discuss the intricacies of your case in confidence with a fine tooth comb? We are standing by!
☤Protect Your Rights With Our Handy ACCIDENT REPORT Now!
ATTORNEY ADVERTISEMENT and Public Use information. Nothing is not intended to imply or infer that ELFPI can win every case. Every case is unique, as is each person. No reasonable person could assume every case is win-able. The data on this website is generated by a member of the State Bar of California to provide general information and to answer the most frequently asked questions regarding tort law, and/or negligence claims. Parts herein contain attorney marketing information. Other parts do not. However, nothing on this website shall be construed as legal advice for any legal matter, or non-legal matter. Nor does anything on this website form a contract, or attorney-client alliance. (Read more.)