Understanding the Role of Trucking Regulations in Truck Accident Liability

When a large commercial truck is involved in a collision, the consequences are often devastating, and determining who is at fault is not always straightforward. Truck accident cases, therefore, typically require a deep understanding of federal and state trucking regulations. Any violation of these rules can be a direct indicator of negligence on the part of the truck driver, the trucking company, or another party. Without a clear understanding of these standards, it can be challenging to build a strong liability case.

At Denning Law Firm, LLC, we understand the profound impact these accidents have on both victims and their families. Located in Overland Park, Kansas, we serve clients throughout the Kansas City metropolitan area, including Kansas City, Missouri, and Kansas City, Kansas. If you or a loved one has been injured in a truck accident, our team will work with you to help you understand the role of trucking regulations when determining liability and fight to pursue compensation for your injuries. 

Understanding Federal Motor Carrier Safety Regulations (FMCSRs)

The Federal Motor Carrier Safety Administration (FMCSA) establishes a comprehensive set of rules that govern most aspects of the commercial trucking industry. These regulations, known as the Federal Motor Carrier Safety Regulations (FMCSRs), are designed to keep our roads safe by setting minimum standards for drivers, vehicles, and motor carriers. When these rules are broken, the risk of a serious accident increases substantially. 

Violations of FMCSRs can serve as powerful evidence in a personal injury claim and can establish a breach of the duty of care that a trucking company and its driver owed to the injured motorists. Some of the most critical areas covered by these federal regulations include the following.

Hours-of-Service (HOS) Rules

Driver fatigue is a leading cause of truck accidents. To combat this danger, the FMCSA enforces strict hours-of-service rules that limit the amount of time a commercial driver can be on duty and behind the wheel. For property-carrying drivers, these rules generally include: 

• A 14-hour driving window after coming on duty. 

• A maximum of 11 hours of driving time within that 14-hour window. 

• A mandatory 30-minute break after eight cumulative hours of driving. 

• Limits on the total number of hours worked over seven or eight consecutive days. 

Drivers are required to maintain a detailed log of their hours, typically through the use of an electronic logging device (ELD). When our attorneys investigate a truck accident, we carefully examine these logs for any signs of non-compliance, falsification, or other violations that might suggest the driver was fatigued while on the road.

Vehicle Maintenance and Inspection

A commercial truck is a heavy, powerful machine that requires constant upkeep to operate safely. The FMCSRs mandate that trucking companies have systematic inspection, repair, and maintenance programs for all their vehicles.  

Drivers are also required to conduct pre-trip and post-trip inspections to identify any potential safety issues with the brakes, tires, lights, steering mechanisms, and other essential components. A failure to properly maintain a vehicle can lead to catastrophic equipment failure, and the responsibility often lies with the motor carrier. 

Driver Qualifications and Training

Trucking companies have a responsibility to hire, train, and supervise qualified drivers. The FMCSRs have specific requirements for commercial driver’s licenses (CDLs), including medical certifications and drug and alcohol testing.  

A motor carrier can often be held liable for an accident if it is found to have hired a driver with a poor driving record, a history of substance abuse, or insufficient training for the specific type of vehicle they were operating. This is known as negligent hiring or retention. 

Truck Accident Liability in Missouri

While federal regulations provide a baseline for motor safety regulations nationwide, states often have their own specific laws that add another layer to liability claims. In Missouri, the laws governing personal injury and negligence play a significant role in how truck accident cases are handled. 

Missouri operates under a pure comparative fault system. This means that if you are injured in an accident, you can recover damages even if you are partially at fault. For example, if a court determines you were 20% responsible for the collision, your total compensation award would be reduced by 20%.  

This rule is particularly important in truck accident cases, as defense attorneys for trucking companies often attempt to shift as much blame as possible onto the injured victim to minimize their financial liability. At our firm, our role is to construct a compelling case that clearly establishes the truck driver’s or company’s primary liability for the incident. 

We also work hard to investigate potential violations of Missouri trucking laws, which often mirror or supplement federal standards regarding vehicle weight limits, equipment requirements, and the transportation of hazardous materials. 

Truck Accident Liability in Kansas

Similar to Missouri, Kansas also has its own regulations that govern how liability is determined in the event of a truck accident. Understanding these doctrines is essential for any driver who has been injured in a truck accident within the state of Kansas.

Unlike Missouri, Kansas follows a modified comparative fault rule, also known as the 50% bar rule. Under this system, you can only recover damages if your percentage of fault is less than 50%. If you are found to be 50% or more at fault for the accident, you are barred from recovering any compensation at all. This means you need strong legal representation that can effectively counter attempts by the defense to place undue blame on you. 

At Denning Law Firm, LLC, we thoroughly analyze every detail of an accident in Kansas to build a compelling argument against the negligent parties. We examine police reports, witness statements, vehicle data, and regulatory compliance records to establish the facts and protect our clients from being unfairly assigned fault. 

Truck Accident Attorneys Serving Missouri and Kansas

When your future is at stake after a serious accident, you need a dedicated legal team. From the outset, our attorneys, William Denning and Paeten Denning, have formed a powerful team, blending seasoned experience with a fresh perspective. We strive to rise to any challenge and do not believe in taking the easy way out.  

If you are looking for fearless representation committed to seeing your case through, you have come to the right place. Your voice deserves to be heard, and your rights must be upheld. Contact us at Denning Law Firm, LLC today for legal representation in truck accident cases in Kansas City, Missouri, Kansas City, Kansas, and Overland Park, Kansas.