Federal trucking laws in Cordova are more complicated than most people realize. These regulations exist for an important reason: keeping drivers, passengers, and other road users safe from serious accidents.
If you sustained injuries in a trucking accident, our talented truck accident attorneys from The Law Office of David E. Gordon and Elissa M. Coombs can help. We will provide informed guidance backed by years of legal experience and help you protect your rights by pursuing compensation.
What Are the Hours of Service (HOS) Rules?
The Federal Motor Carrier Safety Administration (FMCSA) enforces Hours of Service regulations under 49 CFR Part 395 to combat driver fatigue and reduce trucking collisions. These rules apply to most commercial truck drivers operating in Tennessee and across state lines.
Truck drivers cannot drive after being on duty for 14 consecutive hours, following 10 consecutive hours off duty (known as the 14-hour rule). Additionally, drivers must take a 30-minute break after eight hours of on-duty time without at least a 30-minute interruption.
Over a seven-day period, drivers may not be on duty more than 60 hours, or 70 hours in an eight-day period, depending on their employer’s schedule (known as the 60- or 70-hour rule). To reset this cycle, drivers must take at least 34 consecutive hours off duty, a provision known as the seven-day restart rule.
Violating HOS rules can form the basis of negligence in a trucking lawsuit, especially when records show falsification of logs or tampering with electronic logging devices. Courts have repeatedly upheld that breaching FMCSA truck transport regulations may constitute negligence per se under state law, allowing injured parties in Cordova to bypass the standard burden of proving breach.
Driver Qualifications
Federal law requires commercial drivers to meet specific qualifications before operating large trucks. Under 49 CFR Part 383, drivers must hold a valid commercial driver’s license. They must also meet health and safety standards, including passing medical examinations under 49 CFR § 391.41. These evaluations ensure drivers are physically capable of safely operating a commercial vehicle.
As Cordova trucking accident lawyers, David and Elissa know that a failure to maintain proper licensure or health certification in accordance with national regulations can result in significant liability for both the driver and the trucking company. Drivers can make errors if they lack proper training or experience a medical event that causes them to lose control of their massive commercial trucks.
Vehicle and Cargo Regulations
Under 49 CFR Part 396, trucking companies must conduct routine inspections and maintenance. Brake failure, tire blowouts, and lighting malfunctions caused by poor maintenance are leading contributors to trucking collisions. Additionally, drivers or carriers must secure cargo according to 49 CFR Part 393, which outlines detailed requirements for tie-downs, weight distribution, and hazardous material handling. An overloaded truck can increase stopping distance, and improperly secured cargo can shift, potentially leading to a rollover.
Additionally, vehicles must comply with maximum weight limits, which in Tennessee typically follow federal standards of 80,000 pounds gross vehicle weight, unless the carrier obtains a special permit. Transporting hazardous materials requires both special training and additional permits, governed by 49 CFR Parts 171 to 180. Failure to follow these rules may subject companies to federal fines and increased civil liability. Our attorneys hold companies liable for national motor carrier regulation violations that lead to injuries in Cordova accidents.
Call a Cordova Lawyer To Help Prove Violations of National Motor Carrier Laws
At The Law Office of David E. Gordon and Elissa M. Coombs, our legal team has extensive experience handling trucking accident lawsuits, including those involving severe injuries and multi-party liability. We understand the complex federal trucking laws in Cordova. Attorney Elissa Coombs’s background as a defense attorney provides valuable strategic insight into how insurance companies defend these cases and helps protect your rights.
Call us today to schedule a free consultation.
