Tractor-trailers are among the largest and most hazardous vehicles on North Carolina roadways. They require drivers who can safely operate and control these massive vehicles to avoid severe and even deadly accidents. The Federal Motor Carrier Safety Administration (FMCSA) establishes the minimum standards governing the administration of CDL programs. These minimum standards, often enhanced by state-level laws, are in place to prevent tragic accidents. When a negligent trucker or trucking company causes an injury or death, our experienced tractor-trailer accident attorneys can help you get justice.
FMCSA Regulations for Trucking Companies
The FMCSA monitors the commercial driver’s licenses of interstate truck drivers. Carriers are the companies that own and operate trucks. Before a carrier can put a truck on an interstate highway, it must follow the FMCSA regulations. The Federal Department of Transportation oversees interstate trucking. Generally, carriers operating only within North Carolina (intrastate) must comply with state regulations; however, North Carolina has adopted most federal laws, with some modifications.
The FMCSA regulations require carriers to register with the FMCSA and obtain a USDOT number, which identifies the vehicle owner and helps monitor safety data from any crash investigations or reviews for compliance. The FMCSA also regulates interstate truck drivers. Interstate commercial truck drivers must meet specific qualifications and adhere to federal regulations. They must have a commercial driver’s license.
Despite the tight deadlines imposed by a trucking company, interstate truck drivers must adhere to strict hours-of-service rules and adhere to their schedules. The hours-of-service regulations limit the number of hours a truck driver can drive within 24 hours. These restrictions reduce fatigued driving, which in turn reduces the number of accidents caused by drowsy driving.
Hiring Requirements for Trucking Companies
Employers must request employment history information for the 10 years preceding the date they employ a CDL driver. This request must be made at the time of a driver’s job application. Trucking companies may not knowingly hire a driver who has had their license suspended, canceled, or revoked in the past. The same applies to drivers who have been disqualified from driving due to criminal or civil penalties.
Trucking companies must have access to their drivers’ road test certificates, medical examiner’s certificates, and review their drivers’ driving records annually. The FMCSA requires all of these for hiring a driver to drive for a trucking company, and all of these should be kept in the driver’s file and made available for easy access.
Liability for Trucking Accidents
Trucking companies must conduct background checks and drug and alcohol testing of truck drivers before hiring them and putting them behind the wheel of their trucks. If a truck driver gets into an accident because of drunk driving, it could be possible to hold the truck company liable for the damages. Another common warning sign on a background check would be any citation of cell phone use behind the wheel. Distracted driving in enormous vehicles is even more lethal than the average passenger car.
Trucking companies can also be held liable for a truck driver’s negligence in the scope of employment. They can also be held liable for their own negligent hiring, supervision, or even training of their drivers when their direct negligence results in an accident. Therefore, the background and driving record checks are arguably the most essential part of the hiring process.
Representation for Trucking Company Negligence
If you or a loved one has been severely injured due to the negligence of a trucking company, you need to speak with a skilled tractor-trailer accident lawyer.
Maginnis Howard’s tractor-trailer accident lawyers have decades of experience handling complex tractor-trailer accident cases. For a legal team you can trust, contact the experienced attorneys at Maginnis Howard. Our results speak for themselves, and our clients are our number one priority. We represent clients across the Carolinas on a contingency basis. That means you don’t pay unless we recover compensation on your behalf. We have three conveniently located offices in Raleigh, Charlotte, and Fayetteville.
