The Federal Motor Carrier Safety Regulations (FMCSR) are designed to uphold safety standards across the trucking industry, promoting safe driving practices and reducing accidents on the road. Unfortunately, when these regulations are violated, the consequences can be severe, leading to accidents that affect not only truck drivers but also others.

 

Top 20 FMCSR Violations That Lead to Truck Accidents

Here are 20 of the most common Federal Motor Carrier Safety Regulation violations that contribute to major accidents:

 

1. Hours of Service (HOS) Violations (49 CFR Part 395)

 

Hours of Service (HOS) rules are designed to prevent driver fatigue by limiting the number of hours a driver can operate a vehicle. Drivers who exceed the maximum allowable driving hours are at a higher risk of fatigue, leading to slower reaction times and impaired judgment. Fatigue-related crashes are a serious issue in the trucking industry, as drivers who push their limits can cause accidents due to decreased alertness. If a driver is operating a tractor trailer on a highway in a fatigued state because of lack of sleep, then they cannot perceive a danger ahead and react to that danger and this is one of the leading causes of commercial motor vehicle crashes and deaths. Fatigued drivers are much more easily distracted.

 

Recently, we were involved with an 18-wheeler wreck on Interstate 95 with the driver in the middle of the night on wet roads crashed his speeding 18-wheeler into a disabled vehicle on the shoulder of the roadway. The records that we obtained showed that this driver was driving beyond the hours of service authorized under the safety rules and we proved the lack of sleep probably contributed to his inattention and the cause of a catastrophic accident that resulted in a traumatic brain injury and spinal cord injury to our client.

 

2. Failure to Maintain Driver Qualification Files (49 CFR Part 391)

 

The FMCSR requires trucking companies to maintain comprehensive driver qualification files, including documentation of valid licenses, training, and physical qualifications. When drivers lack proper training or licenses, they may not have the skills needed to operate large commercial vehicles safely. Additionally, if drivers have medical conditions that impair their ability to drive, they pose a risk to themselves and others on the road. Driving tractor-trailer trucks is a profession and professional drivers should be trained on how to avoid accidents and be physically fit enough to control their truck and drive it safely. Too often drivers lack the training or have medical conditions that cause crashes leading to wrongful death. 

 

3. Vehicle Maintenance Violations (49 CFR Part 396)

 

Regular vehicle maintenance is essential for safety, particularly for large trucks that require well-functioning systems to operate safely. Failure to conduct routine inspections, repairs, and maintenance can lead to mechanical failures, such as brake malfunctions or engine issues. When trucks are poorly maintained, they are more likely to experience breakdowns or equipment failures, increasing the likelihood of accidents. We have represented families of loved ones killed in collisions with broken-down vehicles that have blocked highways. We have representative victims catastrophically injured when tractor-trailer drivers break down and do not pull their vehicles completely off the roadway and block the roadway causing accidents.

 

We were recently involved in a tragic accident where two sisters were driving on Florida’s Turnpike Doral, Florida going over a flyover interchange ramp to I-75 when they encountered a broken down 18-wheeler occupying the right-hand lane. What made matters worse is that the semi broke down in a construction zone so there was no shoulder to allow the driver to pull his rig off the roadway.  the driver had maintenance problems with his truck but decided to take it on the roadway on that day anyway because the trucking company lacked a culture of safety and did not have a good preventative maintenance program.   The truck driver proceeded to open up his hood and try and change a fuel filter in the roadway for 15 minutes without putting any kind of caution cones out behind his truck.  

 

When the truck driver finally realized that he could not fix his truck himself he got some caution triangles out of the truck and walked down the driver’s side of the truck right next to the lane that cars are using to pass the truck on the flyover ramp.  We learned from speaking to other drivers on the roadway that day how the accident happened.  There was a vehicle following behind the vehicle occupied by our clients as they approached the 18-wheeler. This driver reports that as the trucker got to the back of his truck the car being driven by our client was approaching the 18-wheeler and moved left to avoid the truck.  At that moment the trucker came out from the edge of the truck and tossed the caution triangle into the path of the SUV occupied by the sisters creating an emergency.  This caused our client to panic fearing that she would strike and injure the pedestrian trucker and quickly steered her vehicle to the right and stepped on the brakes but could not avoid a collision with the back of the truck and the jersey barrier to the right of the truck.  The two occupants of the SUV were killed on impact.  We litigated this case and recovered damages for wrongful death for the sisters and recovered against the driver and the trucking company for the damage they needlessly caused to these families. 

 

4. Brake System Violations (49 CFR Part 393)

 

The brake system is one of the most critical components of any vehicle, especially for large trucks. Faulty or poorly maintained brakes reduce a truck’s ability to stop in time, leading to rear-end collisions or runaway truck incidents. FMCSR mandates strict brake maintenance guidelines, but when these regulations are ignored, the risks of severe accidents increase drastically. We recently recovered millions representing a family that lost a loved one killed in an accident caused by a truck that was so poorly maintained that the driver could not slow down and avoid a collision. 

 

A fully loaded tractor trailer can weigh over 80,000 lb. Think about the weight of a dump truck or a cement mixer Barrel down the roadway with brakes or tires that are not properly maintained.  Unfortunately, and Fort Myers, Florida we represented the family of a man killed by a dump truck loaded with gravel that was traveling too fast for the roadway and couldn’t stop because the brakes were not properly maintained, the tires did not have proper treads and the truck even had a broken axle.  The husband of this family was on vacation from Michigan visiting his son who worked in the construction industry.  He was attempting to make a left-hand turn on a green arrow with the right of way when the distracted dump truck driver blew a red light running over his car killing him instantly.  The entire accident was caught on a surveillance camera at an adjacent business.  After the accident we tracked down the dump truck and discovered that they had a series of maintenance problems most critically the brakes were so worn that they couldn’t stop the truck, the tires were so worn out that they couldn’t stop the truck if the brakes worked properly and one of the axles had been broken, welded back together and rebroken before the accident.

 

We recovered all available insurance policy limits payable to the family for the harms and losses caused by the distracted dump truck driver and the trucking company for negligently maintaining the truck and allowing the truck to operate on the roadways with multiple safety violations.

 

5. Lighting Violations (49 CFR Part 393)

 

Proper lighting, including headlights, brake lights, and turn signals, is vital for vehicle visibility. Malfunctioning or broken lights reduce a truck’s visibility to other drivers, particularly at night or during adverse weather conditions. Without proper lighting, other drivers may not see the truck’s movements or know when it is stopping or turning, making accidents more likely. We were involved in a tragic accident where a trailer lacked conspicuity reflective tape that made the trailer invisible at night when the truck driver attempted to make a dangerous illegal U-turn. Our client’s loved one could not see the trailer that was blocking the roadway until it was too late and crashed into it underriding the side of the trailer resulting in a wrongful death. Avoiding the dangerous maneuver of an illegal U-turn and making sure that all of the reflective, tape and lights are on the tractor. The trailer would have prevented this tragedy.

 

Without proper lighting and reflectors, a big truck can be nearly invisible on the roadway on a dark night.  Drivers don’t expect a big truck without lights to be blocking a roadway in the middle of the night, but this is often the case.  When these tractor-trailer drivers try and make illegal u-turns on the roadway their trailer will completely block the roadway in both directions and oftentimes drivers crash into the side of the trailers and underride the trailer and become decapitated.  It is true that a driver needs to obey speed limits and keep a proper lookout, but when the truck lacks reflectors and lights to make it easily identifiable by a driver heading towards it their ability to perceive and react to the hazard in the roadway is delayed and this causes catastrophic crashes on a regular basis on a roadways.

 

 We have been involved with litigating several cases involving catastrophic injuries caused by the lack of proper lighting and conspicuity reflectors against major trucking companies as well as independent truckers who failed to take reasonable steps to protect the traveling public.

 

6. Tire Violations (49 CFR Part 393)

 

Tires are a truck’s direct contact with the road, and their condition is crucial for maintaining control. Worn or damaged tires can lead to blowouts, which can cause the driver to lose control of the vehicle. In severe cases, tire blowouts can result in rollovers or multi-vehicle pileups. Regular tire inspections and replacements are required under FMCSR to prevent these hazardous situations. We were involved in a case where a dump truck in Naples, Florida was operating with two tires that were worn out in addition to brakes that were so poorly maintained that the dump truck could not stop causing a collision that killed three people. Often times we see multiple vehicle maintenance violations on commercial motor vehicles involved in wrongful death accidents.

 

7. Speeding and Traffic Law Violations (49 CFR Part 392)

 

Speeding and failure to comply with traffic laws are common violations among truck drivers. Excessive speed reduces the time available to react in an emergency and increases the stopping distance required for large trucks. In cases where truck drivers disregard speed limits or traffic signs, they pose a significant risk to other drivers, pedestrians, and property. There is no excuse for a commercial motor vehicle driver to speed. The size and weight of a tractor-trailer make it much more difficult to stop even a well-maintained truck. Once speed is added to the equation, the tractor-trailer driver is more likely to have an accident speeding down the roadway, which can often result in catastrophic injury or wrongful death. We have seen traumatic brain injuries, spinal cord, injuries, amputations, and deaths, occurring due to vehicle speed and driver distraction. Trucking companies know when truck drivers are speeding through telematic systems that identify the speed of vehicles and erratic, driving maneuvers like sudden turns and hard braking. Trucking companies with a culture of safety will immediately contact drivers and take corrective action. They can direct the driver to take a break or coach them on behavior. They can provide additional training and driver testing to ensure that the drivers are being safe on the road. Some trucking companies do not emphasize safety and predictably tragic accidents occur. 

 

8. Improper Loading/Securement of Cargo (49 CFR Part 393)

 

Proper cargo loading is essential to maintain vehicle stability and control. Overloaded or improperly secured cargo can shift during transit, causing the truck to become unstable and increasing the risk of rollovers. FMCSR has specific requirements for how cargo should be loaded and secured, but violations in this area can lead to accidents with devastating consequences. It’s a fact that loads have to be properly secured otherwise they can shift spilling onto a roadway and causing an accident. Often times sea freight containers are loaded overseas, shipped across the world on a cargo ship, offloaded at a port, and then placed onto a rail or an 18 wheeler and delivered to a distant part of the United States. Tractor trailers need to be properly balanced to prevent accidents. If a load shifts at some point and off-weights a trailer, then it’s more likely for the trailer to overturn or spill its load on a roadway which can result in a catastrophic accident. We recently were involved in an accident where a load was spilled on Interstate 95 in Florida on a foggy night that was impossible for an approaching driver to see driving down the roadway. Our client crashed into the spilled cargo and was paralyzed. Identifying all the parties responsible for improperly loading the cargo on the tractor trailer was the key to our success. Each company that was responsible for improperly loading and securing the cargo had insurance that provided benefits to our client to make up for the harms and losses caused by that accident caused by the spilled load. 

9. Failure to Conduct Pre-Trip and Post-Trip Inspections (49 CFR Part 392)

 

FMCSR mandates that drivers perform pre-trip and post-trip inspections to identify and address potential safety hazards. Failure to inspect the vehicle before and after trips can lead to undetected issues that compromise the truck’s safety on the road. Missing a critical inspection step, such as checking brake functionality or tire condition, can result in preventable accidents. We look at driver’s daily logs to look at the amount of time they put into inspecting their vehicle before driving after a crash that involves a maintenance problem. We have seen logs that claim an extensive inspection that have to be false because if the driver performed that inspection, then the driver would have identified long-standing maintenance problems and pulled the truck out of service to have it repaired before a collision. This is a crucial duty of every commercial motor vehicle driver. Unfortunately, some trucking companies do not have a culture of safety and do not train their drivers to take the inspection requirement seriously. This is a safety rule designed to protect all of us, but drivers neglect this function, causing accidents and wrongful deaths every day.

 

 

10. Failure to Use Seat Belts (49 CFR Part 392)

 

Seat belts are one of the most basic yet crucial safety measures for all drivers. Failure to wear seat belts increases the risk of severe injury or death in the event of a crash. FMCSR requires seat belt use, but non-compliance is still common among truck drivers, placing them at higher risk of accidents.

 

11. Driver Distraction (Cell Phone Use/Texting) (49 CFR Part 392)

 

Driver distraction, particularly from handheld devices, is a leading cause of accidents. FMCSR prohibits the use of handheld devices while driving. Texting or talking on a cell phone diverts the driver’s attention from the road, increasing the likelihood of a crash. Distracted driving can result in catastrophic accidents, especially when heavy trucks are involved. Trucking companies have the tools to monitor their drivers to know when their drivers are distracted through Telematic systems and cameras that can identify if drivers’ eyes are on the roadway or looking at something else. They can contact the drivers in real time and take corrective action to have them focus or tell them to take a break if they appear to be too fatigued to continue driving. Truck companies that have a culture of safety, enforce these rules and coach their drivers on the importance of not being distracted, and how distraction causes the majority of accidents. Unfortunately, many trucking companies do not have a culture of safety, and tragic accidents occur. We have been involved in a number of accidents involving driver distraction while we make a claim against both the driver for being distracted as well as the trucking company for not having a culture of safety.

 

12. Failure to Keep Accurate Logbooks (E-logs) (49 CFR Part 395)

 

Accurate logbooks are essential for tracking a driver’s hours of service and ensuring they comply with HOS regulations. Inaccurate or falsified logbooks can mask excessive driving hours and prevent proper rest periods, leading to driver fatigue. FMCSR mandates electronic logging to prevent falsification, but non-compliance is still a prevalent issue in the trucking industry. Records are the key to running a safe trucking company. If a company can’t maintain its records required by federal law then they’re not emphasizing safety and accountability for their drivers. After a wrongful death accident involving a tractor trailer we often times encounter trucking companies that have incomplete records for maintenance, safety training, pre-trip vehicle safety inspections, and driver daily logs. We use these records to evaluate whether a company has a culture of safety and puts safety first. We find that small trucking companies oftentimes don’t emphasize safety and they come up with the excuse that they simply don’t have the organization or resources for record keeping and a culture of safety because they are focusing on driving loads across our highways despite the fact that they have federal authority to operate tractor trailers because they have represented that they will train their drivers, make sure their vehicles are roadworthy and promote safety and recordkeeping. This is a recipe for disaster and oftentimes results in catastrophic accidents and wrongful death. These dangerous trucking companies should be taken off the roadway and never allowed to operate.

 

13. Substance Abuse Violations (49 CFR Part 382)

 

Operating a vehicle under the influence of drugs or alcohol is strictly prohibited. Substance abuse impairs a driver’s ability to operate a truck safely, affecting reaction time, judgment, and coordination. Substance abuse violations are serious breaches of FMCSR and are a common contributor to fatal accidents. Unfortunately, some drivers operate commercial motor vehicles impaired either due to fatigue or they take stimulants and/or the consumption of alcohol or drugs on or off the job. There is mandatory drug and alcohol testing for commercial motor vehicle drivers and companies with a culture of safety weed out these bad actors, but smaller companies often let them slip through the cracks that cause, catastrophic injuries, resulting in brain injury, spinal cord, injury, wrongful death, and amputations. We sue drivers and trucking companies that allow truck drivers to operate while impaired. 

 

14. Medical Certification Violations (49 CFR Part 391)

 

Truck drivers are required to have valid medical certifications proving they are physically fit to drive. Drivers without proper medical clearance or with medical conditions that impair driving ability pose a significant risk. Medical certification violations endanger not only the driver but also everyone on the road. Drivers should be fit for duty and there should be records showing that they undergo regular physical examinations to make sure they’re safe to drive. 

 

15. Inadequate Training for Drivers (49 CFR Part 380)

 

FMCSR requires that drivers receive adequate training on how to operate large commercial vehicles. Insufficient training can lead to accidents, as untrained drivers may lack knowledge about vehicle handling, emergency maneuvers, or safety regulations. Proper training is essential for preventing accidents and ensuring drivers can respond to unexpected situations. It comes down to developing a culture of safety and following the safety rules designed to keep our roadways safe for everyone and then continually improving upon safety through training. 

 

16. Failure to Comply with Hazardous Materials Regulations (49 CFR Part 177-180)

 

Hazardous materials require special handling and transportation procedures. Failure to comply with hazardous materials regulations can lead to spills, explosions, or other dangerous situations that endanger public safety. FMCSR has stringent requirements for handling hazardous materials to prevent environmental and safety hazards.

 

17. Failure to Comply with Drug and Alcohol Testing Requirements (49 CFR Part 382)

 

Regular drug and alcohol testing is required to ensure drivers are fit for duty. Failure to conduct mandatory tests increases the risk of substance-impaired driving. FMCSR mandates random drug and alcohol testing to maintain driver sobriety, but violations are a persistent problem in the industry.

 

18. Inadequate Emergency Equipment (49 CFR Part 393)

 

Trucks are required to carry emergency equipment, including fire extinguishers and reflective triangles, to respond to roadside incidents. Missing or defective emergency equipment can make it difficult for drivers to manage emergencies, leading to further accidents or delays in addressing hazards on the road.

 

19. Improper Registration or Licensing (49 CFR Part 365/390)

 

Operating without proper authority or licensing, such as USDOT numbers, is a violation of FMCSR. Improper registration or licensing can lead to fines and legal issues for trucking companies. Additionally, drivers without proper licenses may lack the qualifications needed to operate large commercial vehicles safely.

 

20. Failure to Maintain Safe Following Distance (49 CFR Part 392)

 

Safe following distance is critical for preventing rear-end collisions, especially for heavy trucks that require more time to stop. Failure to maintain a safe following distance can lead to accidents if the truck cannot stop in time during sudden traffic changes. FMCSR mandates safe driving practices, but tailgating is still a common issue.

 

The Importance of Compliance with FMCSR Regulations

 

 

FMCSR violations are serious breaches of safety protocols that can result in accidents, injuries, and fatalities. By adhering to these regulations, trucking companies and drivers can play a vital role in reducing accidents and making the roads safer for everyone. Non-compliance with these rules endangers lives and exposes companies to legal liability.

 

If you or a loved one has been affected by an accident involving an FMCSR violation, consulting an experienced truck accident lawyer can help you seek compensation and hold the responsible parties accountable. Contact Coffey McPharlin at (954) 289-6316 for guidance on navigating the complexities of truck accident cases and ensuring your rights are protected. We’re Good Lawyers Helping People!