One major reason to hire a lawyer who specializes in truck accidents is the maze of federal and Illinois state regulations that apply to commercial trucks. These rules can actually work in your favor by establishing clear standards of safety – if a trucker or trucking company violated a rule and caused your crash, that violation can be strong evidence of negligence.
Federal Regulations (FMCSA Rules)
The Federal Motor Carrier Safety Administration (FMCSA) sets nationwide rules for commercial motor vehicles (CMVs) involved in interstate commerce. Important areas regulated include:
Hours of Service (HOS)
To combat driver fatigue, truckers are limited in how long they can drive without rest. For example, property-carrying drivers can drive a maximum of 11 hours after 10 consecutive hours off duty (among other rules). If a trucker fell asleep at the wheel or was overly fatigued, checking logbooks or electronic logging device (ELD) data could show an HOS violation.
Commercial Driver’s License (CDL) Requirements
Truck drivers must hold a CDL and undergo specialized training and testing. If an unqualified driver was behind the wheel or lacked proper endorsements (say, to haul hazardous materials), that’s a serious breach.
Vehicle Maintenance and Inspections
The FMCSA requires regular inspection, repair, and maintenance of trucks. There are specific standards for brakes, tires, lighting, and other equipment. If a mechanical failure (like brake failure or tire blowout) caused the wreck, we’ll investigate if the company neglected maintenance. Maintenance logs and inspection reports are evidence we obtain.
Weight Limits and Cargo Securement
Federal law caps a truck’s gross weight (usually 80,000 lbs without special permit) and has rules for securing loads. Overloaded trucks or improperly secured cargo (leading to fallen debris or tip-overs) are clear violations. Scales and cargo records can be examined to prove this.
Drug and Alcohol Testing
Truck drivers are subject to strict drug/alcohol testing rules, both randomly and after accidents. A driver under the influence or failing a post-crash test is a major liability for the company.
All these regulations and more are detailed in the Federal Motor Carrier Safety Regulations (FMCSRs). Not every attorney is familiar with these rules – but as Illinois truck accident lawyers, we work with them regularly.
Illinois State Regulations
Illinois law largely adopts the federal safety regulations for trucking within the state. Under the Illinois Motor Carrier Safety Law, 625 ILCS 5/18b, Illinois has explicitly adopted the FMCSRs as state law. This means that truck drivers and companies must comply with those federal rules even when driving intrastate (within Illinois). The Illinois Commerce Commission is tasked with enforcing these rules for intrastate carriers.
In other words, the same standards (hours of service, vehicle maintenance, etc.) apply, and violations can not only result in fines but also bolster your injury claim. For example, if we show the truck driver who hit you had been driving 14 hours in violation of the law, that violation can help prove negligence per se or at least establish a strong argument that the driver (and the company) failed to meet their safety duties.
Illinois also has its own traffic laws and statutes that can come into play. The Illinois Vehicle Code (625 ILCS 5/) contains various provisions specific to trucks, such as size/weight restrictions and equipment requirements. One relevant provision, for instance, requires trucks to carry certain minimum insurance coverage and abide by all ICC (Illinois Commerce Commission) regulations regarding safety.
Why Trucking Regulation Knowledge Matters for Your Case
Ultimately, a deep understanding of both federal and Illinois trucking regulations allows your attorney to identify any legal violations that contributed to the crash. This can greatly strengthen your case. The Fabbrini Law Group prides itself on staying up-to-date with trucking laws and leveraging them to benefit our clients’ claims. Contact us today for a free consultation.