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Posted on August 3, 2023

FMCSA REGULATIONS TO ESTABLISH LIABILITY IN A TRUCK ACCIDENT CASE

The Federal Motor Carrier Safety Administration (FMCSA) is an agency within the United States Department of Transportation (DOT) responsible for regulating and overseeing the safety and security of commercial motor vehicles (CMVs) and their operators. The agency’s main mission is to reduce crashes, injuries, and fatalities involving commercial motor vehicles.

Key responsibilities of the FMCSA include:

    1. Regulation and Compliance: The FMCSA establishes and enforces regulations governing commercial motor carriers, including trucking companies, buses, and other large vehicles. These regulations cover areas such as hours of service, driver qualifications, vehicle maintenance, cargo securement, and hazardous materials transportation.
    2. Safety Programs: The agency develops and implements safety programs and initiatives to improve the overall safety performance of the motor carrier industry. This includes providing educational resources, conducting safety inspections, and promoting best practices.
    3. Motor Carrier Registration: The FMCSA requires commercial motor carriers to register with the agency and obtain a unique identifier known as a USDOT number. This registration process helps track and identify carriers operating within the United States.
    4. Electronic Logging Devices (ELDs): The FMCSA mandated the use of electronic logging devices (ELDs) for most commercial motor vehicle drivers to record their hours of service accurately. ELDs replace traditional paper logbooks and help prevent drivers from exceeding their maximum driving hours.
    5. Safety Data and Analysis: The FMCSA collects and analyzes data related to commercial motor vehicle crashes, inspections, and violations. This information is used to identify safety trends, assess risk, and develop targeted safety programs.
    6. Commercial Driver’s License (CDL): The FMCSA sets standards for obtaining a commercial driver’s license (CDL) and conducts oversight of state-level CDL programs to ensure consistent and rigorous testing and qualification standards for commercial drivers.
    7. Hazardous Materials Safety: The agency regulates the transportation of hazardous materials to ensure they are handled and transported safely.
    8. Compliance Reviews and Enforcement: The FMCSA conducts compliance reviews and roadside inspections to assess carriers’ safety performance and adherence to federal regulations. If violations are found, enforcement actions may be taken, including fines, penalties, and out-of-service orders.

A violation of an FMCSA regulation can help prove the truck driver or trucking company breached a duty owed to you.  If you or a loved one has been injured in a truck accident, contact us for a free, no obligation consultation.

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