What Are the Regulations for Truck Drivers and Truck Companies?
Holding Negligent Truck Drivers and Truck Companies Responsible
What Are the Regulations for Truck Drivers and Truck Companies in Illinois?
The United States Department of Transportation’s Federal Motor Carrier Safety Administration is the governing body that regulates the safety of commercial motor vehicles and works to prevent commercial motor vehicle-related injuries and fatalities. Truck accidents are incredibly destructive and Chicago truck drivers and companies need to follow regulations that go beyond what regular passenger drivers are required to do. The administration enforces a large number of rules and regulations regarding truck driver regulations, vehicle regulations, company regulations and regulatory guidance. As part of its mission, they:
- Enforce safety regulations
- Target high-risk carriers and drivers
- Improve safety information systems and commercial motor vehicle technologies
- Strengthen motor vehicle equipment and operating standards
- Increase safety awareness
If anyone who owns, manages or operates a truck is does not follow the regulations and they cause you injuries, they are liable for your damages. Trust in the Chicago-based Illinois truck accident injury attorney team at Burger Law to hold them accountable and get you the maximum compensation you deserve. The legal process is complicated and uncertain for the average person. Every Burger Law truck accident injury attorney in Chicago is an expert in Illinois law and in dealing with insurance companies and large corporations that use tricks to try and deceive you and devalue your claim. If you or a loved one in Chicago or anywhere in Illinois were injured by a negligent truck driver or trucking company, call a truck accident injury attorney at Burger Law today at 312-500-HURT.
Below are some of the safety regulations, and how failing to follow them can lead to accidents.
Texting and Driving | Chicago, IL Truck Accident Injury Attorney
The Code of Federal Regulations §392.80 prohibits texting and driving for truck drivers any time the motor is running, with the exception of emergency situations or if the vehicle is off the road. One study found that texting drivers look at their phones for an average of 4.6 seconds during a 6-second period. At 55 miles per hour, that is the equivalent of driving an entire football field - including the endzones - without looking at the road once. A National Highway Traffic Safety Administration study found that 80 percent of all motor vehicle accidents involved driver inattention in the moments leading up to the crash. Texting and driving is prohibited for drivers of the following vehicles:
- Large trucks that weigh 26,000 pounds or more
- Vehicles designed to transport 16 or more people including the driver
- Vehicles used to transport certain quantities of hazardous chemicals
- School bus drivers
Drug Use and Drug Testing | Chicago, IL Truck Accident Injury Attorney
§382 of the Code of Federal Regulations requires commercial truck drivers to be tested for the following controlled substances:
- Marijuana
- Cocaine
- Opiates, including opium itself and derivative drugs such as heroin
- Amphetamines and methamphetamine
- Phencyclidine (a.k.a. PCP)
Unfortunately, drug use among truck drivers is high and often linked to poor working conditions. Many drivers traveling through Chicago and Illinois use amphetamines and cocaine in order to stay awake when driving long hours. Drugs are proven to greatly alter one's ability to drive safely, so that creates an incredible danger for anyone on the Chicago and Illinois roads.
Drivers must be drug tested as a part of pre-employment screening. They may also be tested if a supervisor suspects them of drug or alcohol use, or if authorities deem it necessary after an accident. Federal law requires them to be tested after any accident that results in death.
Blood-Alcohol Limits for Truck Drivers | Chicago, IL Truck Accident Injury Attorney
It is federal law that no one can operate a motor vehicle with a blood alcohol content of .08 percent or higher. Because large trucks pose a much higher risk to those on the Chicago and Illinois roads, federal law and §382 of the Code of Federal Regulations places even higher restrictions on truck drivers:
- No truck driver may drive with a blood alcohol content of .04 percent or higher
- Having a blood alcohol content over .02 may make a truck driver subject to disciplinary action, and they will not be allowed to drive for 24 hours
If a truck driver made the terrible decision to drive drunk or impaired by drugs and caused you injuries, Burger Law's Illinois truck accident injury attorney team in Chicago will hold them accountable. When we sue drunk drivers on your behalf, we seek punitive damages so they know never to get behind the wheel intoxicated again.
Truck Inspections, Repair and Maintenance | Chicago, IL Truck Accident Injury Attorney
The Code of Federal Regulations §396 stipulates that every "motor carrier, its officers, drivers, agents, representatives and employees" consistently inspects, repairs and maintains their trucks, as well as keep detailed records.
They must inspect:
- Time and frame assemblies
- Suspension systems
- Axles
- Wheels and rims
- Steering systems
- Brakes
They must maintain records that show:
- Identifying information for the vehicle (e.g., make, serial number, year, tire size)
- Inspections performed, including the nature and date
- Due dates for the next inspections
Records are to be kept by anyone who controls or operates the truck for 30 consecutive days. Motor carriers are required to keep these records for one year. The carrier must keep the records for six months after relinquishing ownership or control of the vehicle. If you were hit by a truck driver in Chicago or anywhere in Illinois, it is imperative to contact a truck accident injury attorney right away. As part of our truck accident investigation, we will acquire any and all maintenance and inspections reports. If we find the driver or truck company was negligent in their inspections, count on our truck accident injury attorney team to hold them accountable.
Hours-of-Service for Truck Drivers | Chicago, IL Truck Accident Injury Attorney
Along with drunk driving and distracted driving, fatigued driving is one of the most dangerous things a driver can do. Being awake for 18 consecutive hours is equivalent to having a blood alcohol content of .05 percent. While Arkansas and New Jersey are the only states to have laws against drowsy driving, the Federal Motor Carrier Safety Administration has enacted strict hours-of-service regulations to ensure that truck drivers get enough rest when they have to drive long hours:
Property-Carrying Drivers
- A max of 11 hours of driving after 10 consecutive off-duty hours
- A max of 14 hours on-duty, meaning that the trucker may not drive beyond the 14th consecutive hour after coming on duty after 10 consecutive off-duty hours
- No more than 60 hours on duty over seven consecutive days
- No more than 70 hours on duty over eight consecutive days
- Any driver using a sleeper berth must take eight consecutive hours in it, plus a separate two hours in the sleeper berth or off duty, or any combination of the two.
Passenger-Carrying Drivers
- A max of 10 hours driving after eight consecutive hours off duty
- A max of 15 hours on-duty, meaning that the commercial driver may not drive beyond the 15th consecutive hour after eight consecutive off-duty hours
- No more than 60 hours on duty over seven consecutive days
- No more than 70 hours on duty over eight consecutive days
- Drivers who use a sleeper berth must take at least eight hours in it with the option of splitting the time into two periods, provided that neither is less than two hours
Truck drivers should pull over when they are feeling drowsy or fatigued. According to the groundbreaking Large Truck Crash Causation Study, pressure from employers to meet tight schedules was a leading reason that truck drivers drove fatigued. If you or a loved one in Chicago or anywhere in Illinois was injured because a trucking company obligated their drivers to drive longer than they should, Burger Law's truck accident injury attorney team will prove that they were liable and make sure you receive maximum compensation.
Strict adherence to any Federal Motor Carrier Safety Administration regulation is necessary to keep our Chicago and Illinois roads safe. If anyone who owns, manages or drives a truck is negligent in satisfying any state or federal regulation and injures you or your loved one, they need to pay and you need to be compensated for your damages. In the most tragic cases, a negligent truck driver or truck company can cause wrongful death. Burger Law's Illinois truck accident injury attorney team in Chicago has over 70 years of combined experience investigating, litigating, trying and winning truck accident lawsuits. We will find every party that is liable for your injuries and make sure they are held accountable.