There were 172 fatalities in large truck accidents in North Carolina in 2021. Thousands more people are injured each year.
Federal regulations impact truck accident lawsuits. Horton & Mendez Injury Attorneys explains how.
Overview of Federal Trucking Regulations
The Federal Motor Carrier Safety Administration (FMCSA) is a U.S. government agency that aims to reduce accidents, injuries, and deaths involving trucks and buses.
As part of its mission, the FMCSA creates regulations that apply to interstate truck transportation. FMCSA regulations have also been adopted in North Carolina, with some exceptions.
Most FMCSA regulations are contained in 49 CFR Parts 300-399. But there are several sections of federal regulations that may be relevant to a truck accident claim, including the following:
- Drug and alcohol testing – 49 CFR Part 40
- Hazardous materials – 49 CFR Parts 100-180
- Vehicle safety – 49 CFR Parts 571
- FMCSA regulations – 49 CFR Parts 300-399
These regulations exist primarily for safety. Regulations are data-driven with input from knowledgeable and interested parties.
Common Federal Regulations Involved in Truck Accident Cases
Common federal regulations involved in truck accident cases include:
- Employee safety, hours of service limitations
- Commercial driver’s license requirements
- Transportation of hazardous materials
- Securing and loading cargo
- Vehicle inspection, repair, and maintenance
- Drug testing
- Vehicle weight and size limitations
- Routing, authority to serve a particular area
- Training
- Insurance minimums
Federal truck regulations cover many topics—who can drive a truck, specifications of trucks, and cargo transported. When these regulations are violated and there is an accident, the violation may impact a lawsuit for compensation.
How Violations of Federal Standards Impact Liability
Violation of a federal truck standard may be strong proof of fault of the trucking company.
However, the exact legal significance of the violation depends on multiple factors.
State interpretation of negligence and negligence per se laws
Some states treat FMCSA regulatory violations as conclusive proof that negligence occurred.
This is called negligence per se. These states say that regulations establish the standard of care. The victim need only prove that the violation occurred and that it caused damages. Lua v. Southern Pacific Transportation, (Cal. Ct. App. 1992) (a state statute codifies regulatory violations as negligence per se).
In other states, it’s not so simple. In these states, a regulatory violation may inform the standard of care but without the mandate of negligence per se. Malburg v. Grate, (E.D. Mich. 2014) (violation of an FMCSA regulation was not admissible as negligence per se but relevant to determine the ultimate issue of negligence).
In a minority of states, such as Florida, violations are not negligence per se in any case. Registe v. Linkamerica Express, Inc. (M.D. Fla. 2015)
North Carolina
Generally, North Carolina treats violations of public safety statutes as negligence per se. Goodman v. Wenco Goods, Inc., 423 S.E.2d 444 (1992). For negligence to apply, the person must be a member of a class protected by the statute. Cowan v. Laughridge Const. Co., 291 S.E.2d 287 (1982), Manzoeillo v. Pultegroup, Inc., (N.C. Ct. App. 2023) (when a statute imposes a duty for the protection of others, a violation is negligence per se.)
However, multiple North Carolina cases question applying this rule to regulations. These cases say that injured victims are not close enough to the purpose of the regulation to be a protected class. For example, in Baldwin v. GTE South, Inc., 428 S.E.2d 857 (1993), the court said that a state Department of Transportation regulation regarding phone booths did not create negligence per se. The court said that the NC DOT exists to construct and maintain roads. They said that although regulations have safety implications, they do not make a pedestrian a protected class of phone booth regulation. (See also Cowan, an OSHA regulation is not negligence per se.)
This is not to say that a regulatory violation is not strong proof in a victim’s favor— it is. Talk to an attorney about the violation that occurred in your case and how it may impact your truck accident lawsuit.
Note: In North Carolina, many traffic violations are negligence per se.
Note: Although Coman v. Thomas Mfg. Co., Inc., 281 S.E.2d 445 (1989) has been cited as authority for North Carolina’s adoption of FMCSA violations as proof of negligence per se, the case dealt with wrongful termination for refusing to violate a regulation. It was not a truck accident lawsuit.
Proximate cause
To win a truck accident lawsuit, the regulatory violation must be the proximate cause of injury.
The victim must show how the violation caused the accident and damages.
For example, say a trucking company violated hours of service regulations. Their driver was on the road two hours after they were due for a break. However, the other driver failed to leave sufficient following distance, rear-ending the truck. In this scenario, the regulatory violation was not a cause of the truck accident. A regulatory violation alone is not grounds for a case.
However, in another scenario, the trucking company violated hours of service regulations. Their driver was on the road two hours after they were due for a break. The driver fell asleep at the wheel. They rear-ended the vehicle ahead of them. In this situation, the regulatory violation is the proximate cause of the accident. If only the trucking company had followed the regulations, the accident would not have occurred. In this scenario, the plaintiff can use this to prove their case for damages.
Gathering Evidence of Regulatory Violations in Truck Accidents
Gathering evidence of regulatory violations in truck accidents may include:
- Witness statements
- Truck inspection
- Tests, accident reconstruction
- Electronic data recorders
- Record requests, record reviews
- Admissions from the trucking company
- History of violations and citations
Legal Options When Federal Regulations Are Violated
If the trucking company is at fault for an accident, the victim may bring a claim for compensation.
Trucking companies are required to have large insurance policies. You may pursue a settlement or take your case to court.
Contact an Experienced Wilmington Truck Accident Lawyer
Have you or a loved one been in a truck accident? Are you wondering how federal regulations may impact your truck accident claim? Contact an experienced Wilmington truck accident lawyer. Contact Horton & Mendez Injury Attorneys today.
