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Do Federal Motor Carrier Safety Regulations Help Build a Case?


Do Federal Motor Carrier Safety Regulations Help Build a Case?

Frequently Asked Questions

The Federal Motor Carrier Safety Regulations (FMCSRs) can help truck accident victims and their
attorneys build stronger cases against trucking companies. Beyond the basic rules of the road like obeying speed limits, using proper turn signals and stopping at lights or stops signs, FMCSRs provide guidelines for both inspection and operation of a tractor trailer.

FMCSR § 396.13 addresses the inspection of a commercial motor vehicle ensuring that it is in
safe operating condition. The regulation requires that the driver be satisfied the motor vehicle is in
safe operating condition, review the last driver inspection report and sign the report if defects or
deficiencies were reported verifying repairs have been performed. Follow the link provided to
review the actual regulation.

As it relates to the operation of a commercial motor vehicle, there are many regulations to
consider. Here is a listing of suggested Federal Motor Carrier Safety Administration (FMCSA)
regulations to consider when building a case. Each regulation title is linked to the actual regulation.

§ 395.3: Maximum driving time for property ­carrying vehicles.
§ 392.3: Ill or fatigued operator.
§ 392.6: Schedules to conform with speed limits.
§ 392.9: Inspection of cargo, cargo securement devices and systems.

The key is to connect a violation of one or more of these regulations with the accident in question.
A skilled truck accident attorney will be able to navigate the discovery process and make the
appropriate connections to build a case.

How much is my truck case worth?

by Andrew B. Miller, Partner

Starr Austen and Miller is Investigating Auto Assure, LLC’s Direct Mail Solicitation Practices
What should I do immediately after a truck accident?

by Andrew B. Miller, Partner

How do I hire a truck accident attorney?

by Andrew B. Miller, Partner

Our lawyers are available to review your situation.