What Happens When a Trucking Company Violates FMCSA Rules?

When a trucking company breaks federal safety rules, it can lead to devastating accidents, and the company can be held financially responsible for the injuries and damages that result. These rules, set by the Federal Motor Carrier Safety Administration (FMCSA), are not just suggestions; they are legally required safety standards designed to protect everyone on the road. When these regulations are ignored, the consequences can be severe, not only for the company but especially for those who share the road with their massive vehicles.

Key Takeaways about What Happens When a Trucking Company Violates FMCSA Rules

• The Federal Motor Carrier Safety Administration (FMCSA) is a government agency that creates and enforces safety regulations for all commercial motor vehicles in the United States.
• Violations of FMCSA rules, such as those regarding driver hours, vehicle maintenance, or cargo loading, can be used as direct evidence of a trucking company’s negligence after a crash.
• Consequences for a non-compliant trucking company can include significant government fines, suspension of operations, and civil liability for any harm caused by their violations.
• Common rule violations that contribute to accidents include driver fatigue from exceeding hours-of-service limits, improper vehicle maintenance leading to equipment failure, and insecure or overloaded cargo.
• An investigation following a truck accident often involves reviewing company records, driver logs, and maintenance reports to uncover potential FMCSA violations.

Understanding the FMCSA and Its Role in Road Safety

You’ve likely seen large commercial trucks barreling down I-26, heading toward the Port of Charleston or crossing the Arthur Ravenel Jr. Bridge. Given their immense size and weight, these vehicles are subject to strict safety rules to prevent catastrophic accidents. The government body responsible for these rules is the Federal Motor Carrier Safety Administration (FMCSA).

In simple terms, the FMCSA is the national watchdog for the trucking industry. Its main mission is to reduce crashes, injuries, and fatalities involving large trucks and buses. It does this by establishing and enforcing a comprehensive set of regulations known as the Federal Motor Carrier Safety Regulations (FMCSRs). These rules cover everything from how long a driver can be on the road without a break to the mechanical condition of the truck’s brakes and tires. When a trucking company fails to follow these critical safety standards, it puts everyone at risk.

Improper Vehicle Maintenance

A fully loaded semi-truck can weigh up to 80,000 pounds. Bringing that much weight to a stop requires a perfectly functioning vehicle. The FMCSA has detailed rules requiring trucking companies to systematically inspect, repair, and maintain their fleets. Some common maintenance-related violations include:

• Worn or faulty brakes. This is a frequent cause of devastating rear-end and intersection collisions;
• Bald or improperly inflated tires. These can lead to blowouts and a complete loss of vehicle control;
• Inoperable headlights, taillights, or turn signals. This makes the truck less visible, especially at night or in bad weather, and prevents other drivers from knowing the truck driver’s intentions.

A company’s failure to keep its vehicles in safe, working order is a clear violation of its duty to protect the public.

Overloading and Improper Cargo Securement

There are also strict rules about how much weight a truck can carry and how that cargo must be secured. An overloaded truck takes much longer to stop and can cause excessive damage to roads and bridges. More importantly, it puts immense strain on the truck’s brakes and tires, increasing the risk of failure.

Similarly, improperly secured cargo can shift during transit, throwing off the truck’s balance and potentially causing the driver to lose control. In the worst cases, unsecured cargo can fall off the truck and onto the roadway, creating a sudden and deadly hazard for other drivers.

Inadequate Driver Screening and Training

A trucking company’s responsibility begins long before its driver gets behind the wheel. The FMCSA requires companies to conduct thorough background checks on all potential drivers. This includes reviewing their driving history, employment records, and drug and alcohol test results from previous employers.

A company that hires a driver with a history of reckless driving or substance abuse issues and then puts them on the road is demonstrating a serious disregard for public safety.

The Direct Link: How Violations Establish Negligence

In the legal world, holding someone responsible for an injury often involves proving negligence. Negligence simply means that someone had a duty to act with reasonable care, they failed to do so, and their failure caused harm.

When a trucking company violates an FMCSA rule, it can sometimes be used as direct proof of negligence through a legal concept called negligence per se. Think of it this way: the FMCSA has already established that a certain action (like letting a driver work for 15 hours straight) is unsafe.

If a trucking company does that unsafe thing and it leads to an accident, they have already breached their duty of care. The violation itself becomes the proof of their carelessness. Proving that this specific violation caused the accident is the next critical step in holding the company accountable.

What Are the Consequences for a Trucking Company That Breaks the Rules?

When a trucking company is caught violating FMCSA rules, it can face consequences from two different directions: from the government and from the people it has harmed.

First, the FMCSA can impose regulatory penalties. These can include steep fines for each violation, a mandate for a full-scale safety audit of the company’s operations, or even an “out-of-service” order, which legally prohibits the company from operating its trucks until the safety issues are fixed. These government actions are designed to punish non-compliance and force companies to take safety seriously.

Second, and more importantly for those who have been injured, is civil liability. This means the trucking company can be held financially responsible for the damages caused by its rule-breaking. If an investigation shows that an FMCSA violation—such as a fatigued driver or a poorly maintained truck—was a cause of the accident, the injured individuals can seek compensation.

This compensation, often called damages, is intended to help restore a person to the position they were in before they were harmed.

This financial recovery can cover many different losses, including:

• Medical Bills. This includes everything from the initial emergency room visit and hospital stay to future needs like physical therapy, medication, and any necessary long-term care;
• Lost Income. If the injuries prevent you from working, you can seek compensation for the wages you have lost and for any impact the injury has on your ability to earn a living in the future;
• Pain and Suffering. This acknowledges the significant physical pain and emotional distress caused by the accident and the resulting injuries;
• Property Damage. This covers the cost of repairing or replacing your vehicle and any other personal property that was damaged in the crash.

In some cases where a company’s conduct was particularly reckless, it may also be possible to seek punitive damages, which are intended to punish the wrongdoer and deter similar behavior in the future. These various forms of compensation are crucial for helping families manage the difficult financial and personal challenges that arise after a serious truck accident.

Steps to Take After a Truck Accident in South Carolina

After receiving immediate medical attention, the shock of the accident can begin to wear off, and questions about what to do next will likely arise. The actions you take in the days and weeks following a truck crash can be very important for protecting your rights.

Document Everything You Remember

As soon as you are able, write down every detail you can recall about the accident. This includes the time of day, weather conditions, what you saw and heard, and the behavior of the truck driver. If you were able to get any information at the scene, such as the company name on the side of the truck or the truck’s DOT number, make sure that is written down and stored in a safe place. Your memory is freshest right after an event, and these details can be valuable later.

Preserve All Medical and Financial Records

Create a dedicated folder for everything related to the accident. This includes all medical bills, reports from your doctors, pharmacy receipts, and any correspondence from your health insurance provider. You should also keep track of any time you missed from work and the wages you lost as a result. This documentation provides a clear picture of the financial impact the accident has had on your life.

Be Cautious with Insurance Adjusters

It is very likely that you will receive a call from an insurance adjuster representing the trucking company. It is important to remember that this person’s job is to protect the company’s financial interests, not yours. They may seem friendly and concerned, but their goal is often to get you to say something that could be used to minimize your claim or to accept a quick, low settlement offer. It is wise to be polite but to avoid giving a recorded statement or accepting any offer without first understanding your legal options.

Why Seeking Legal Guidance is a Crucial Step

Truck accident cases are much more complex than typical car accidents. They involve federal regulations, powerful corporate defendants, and vast amounts of evidence that are in the trucking company’s possession. An experienced truck accident attorney can launch an independent investigation to uncover whether any FMCSA rules were violated. This process often involves sending a legal notice to the trucking company to preserve critical evidence like:

• The driver’s electronic logbook data;
• The truck’s “black box” or event data recorder;
• Vehicle inspection and maintenance records;
• The driver’s qualification file and employment history.

Without this evidence, proving that a trucking company’s carelessness caused your injuries can be extremely difficult. A legal professional can work to secure this information and build a case focused on holding the responsible parties accountable.

When a Trucking Company Violates FMCSA Rules FAQs

Here are answers to some common questions that arise when a trucking company’s actions lead to an accident.

Can a truck driver be held personally responsible in addition to the company?

Yes, it is possible for both the truck driver and the trucking company to be held responsible. The driver can be found negligent for their direct actions, such as speeding or distracted driving. The company can be held liable for its own negligence, such as improper hiring, poor training, or pressuring the driver to violate safety rules, under a principle known as vicarious liability.

What is a DOT number and why is it important after an accident?

The USDOT number is a unique identifier assigned by the FMCSA to registered commercial vehicles. It acts like a license plate for the trucking company. This number is crucial because it allows investigators to quickly identify the carrier responsible for the truck and look up their safety record, inspection history, and any past violations.

How long do I have to file a claim after a truck accident in South Carolina?

In South Carolina, the statute of limitations for most personal injury claims is generally three years from the date of the accident. A statute of limitations is a law that sets a strict time limit on your right to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation forever. It is important to consult with a legal professional well before this deadline approaches.

What if the trucking company tries to destroy evidence like logbooks?

Federal regulations require trucking companies to preserve records like driver logs and maintenance reports for a specific period. If a company intentionally destroys this evidence after an accident, it is known as spoliation of evidence. This can lead to serious legal sanctions against the company and may even result in a court instruction to the jury to assume the destroyed evidence was unfavorable to the company.

Are there different rules for trucks that only operate within South Carolina versus those that cross state lines?

Trucks that cross state lines (interstate commerce) are subject to the full scope of federal FMCSA regulations. Trucks that operate exclusively within South Carolina (intrastate commerce) are primarily governed by state law, but South Carolina has adopted most of the federal safety regulations as its own. Therefore, the same critical safety rules regarding driver hours, vehicle maintenance, and safe operation generally apply to all large commercial trucks on South Carolina roads.

Contact Hughey Law Firm for a Free Consultation

If you or a loved one has been injured in a collision involving a large commercial truck, you are likely facing a difficult and uncertain time. The experienced personal injury attorneys at Hughey Law Firm have stood up to large insurance companies and corporations on behalf of injured people across South Carolina. Our firm has a record of achieving significant results, with over $300 million recovered in verdicts and settlements for our clients.

We believe that getting justice should be affordable. That is why we handle truck accident cases on a “no win, no fee” basis. This means you pay no attorney’s fees or costs unless we successfully recover money for you. If you’ve been injured in a truck accident in the Charleston or Mt. Pleasant area, or anywhere in South Carolina, contact Hughey Law Firm today.

Let us help you understand your legal options. For a free, no-obligation consultation and case evaluation, please call us today at (843) 881-8644 or contact us through our online form.

Nathan Hughey

Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $290 million in verdicts and settlements.