A fully loaded tractor trailer can weigh as much as 80,000 pounds in California. Given the large size of commercial trucks, they pose an inherent risk. It is imperative that truckers and trucking companies put a high priority on safe operations. Notably, there are both federal and state truck safety regulations. Here, our Stockton semi-truck accident attorneys provide a detailed guide to federal truck safety regulations and California truck safety regulations.
Federal Regulations Set Minimum Safety Standards for Trucks that Cross State Lines
The United States Department of Transportation (DOT) explains that Federal Motor Carrier Safety Administration (FMCSA) regulates commercial vehicles, including large trucks. All commercial trucks that cross state lines are subject to federal FMCSA truck safety regulations. Here are some of the most notable federal safety regulations for large trucks:
- Commercial Driver’s License (CDL) Requirement: To operate a commercial motor vehicle, drivers must obtain a Commercial Driver’s License. CDL requirements ensure that all commercial drivers meet uniform national standards for safely operating heavy and specialized vehicles. Applicants must pass a knowledge test and a skills test.
- Hours of Service (HOS) Regulations: Fatigue driving is a major issue in the trucking industry. The federal Hours of Service regulations are designed to prevent driver fatigue by limiting the number of hours a commercial truck driver can operate a vehicle. Under these rules, drivers are allowed a maximum of 11 hours of driving after 10 consecutive hours off duty. They are also limited in how much they can drive over a 7 or 8 day period.
- Vehicle Maintenance and Inspection Standards: Not only do truck drivers need to be safe, the vehicle itself must be safe condition. Federal regulations mandate regular inspection, repair, and maintenance of commercial vehicles to ensure they are in safe operating condition. Drivers are required to perform pre-trip and post-trip inspections. Motor carriers must keep detailed records of all maintenance conducted.
California has More Comprehensive State Safety Regulations for Commercial Trucks
California has even more comprehensive truck safety standards. These standards apply to all commercial trucks that operate in the state. They are enforced by the California Department of Transportation (Caltrans). Here are some notable truck safety regulations in California:
- California Motor Carrier Permit Requirement: Commercial carriers operating within the state must obtain a Motor Carrier Permit (MCP) from the Department of Motor Vehicles. The MCP certifies that the carrier has met all insurance requirements and has complied with safety regulations. The permit is in addition to any required federal registration.
- California Meal and Rest Break Laws for Truck Drivers: Unlike federal regulations, California mandates specific meal and rest break periods for truck drivers. Drivers are required to take a 30-minute meal break for every five hours worked and a 10-minute rest break for every four hours. These state-specific labor laws are designed to promote driver well-being and to reduce the risk of fatigue-related truck accidents.
- California Weight and Size Restrictions: California imposes unique weight and size restrictions on commercial vehicles that may differ from federal standards. For instance, the maximum gross vehicle weight is typically 80,000 pounds—but there are specific axle weight limitations and bridge formulas to follow. Further, certain types of trucks are not allowed on certain roads under state or local regulations.
- California Biennial Inspection of Terminals (BIT) Program: Under the BIT Program, commercial trucks operating in California are subject to inspections by the California Highway Patrol every two years. These inspections focus on the vehicle’s safety components, such as brakes, tires, and lighting systems, to ensure they meet state safety standards. The program aims to reduce accidents caused by mechanical failures by
What to Know About Truck Accident Liability in California
Hurt in a truck accident in California? Your personal injury claim is governed by federal law, not state law. Here are key points to know about truck accident liability in California:
- Truck Accident Liability is Based on Fault: California is a fault-based commercial truck accident state. Who is liable for a crash? It depends whose negligence caused the accident.
- A Violation of Safety Regulations in Negligence: California law considers a violation of state or federal trucking safety regulations as evidence of negligence.
- Pure Comparative Negligence Standard Applies: California follows the pure comparative negligence standard. Even if a victim is partially at fault for a truck accident, they can still recover compensation, but their damages will be reduced by their percentage of fault.
Recovering Compensation for a Truck Accident
What happens if you are injured in a commercial truck accident caused by a safety violation? Under California law, you have the right to see compensation for the full value of your losses. You cannot try trucking companies or their insurance carriers to look out for your best interests. Along with other damages, you may be entitled to compensation for:
- Property damage, including vehicle repairs;
- Emergency room care and other hospital bills;
- Physical therapy and rehabilitative care;
- Loss of wages and loss of future earning power;
- Pain and suffering & mental distress;
- Long-term disability and physical impairment; and
- Wrongful death of a family member.
How Our Stockton Tractor Trailer Crash Lawyers Can Help
Truck accident injury claims are complicated. As a wide range of federal and state safety regulations may apply, it is imperative that injured victims have experienced legal representation. At Redkey Gordon Law Corp, we have a proven record of case results in a wide range of claims. Our firm is prepared to invest the time and resources that your case deserves. Your initial case review with our Stockton truck accident injury lawyer is free, confidential, and carries no obligations.
Contact Our Stockton, CA Semi-Truck Accident Attorneys for a Free Case Review
At Redkey Gordon Law Corp, our Stockton semi-truck accident lawyers are standing by, ready to fight for your rights and your interests. If you have any questions about a truck accident claim, please do not hesitate to contact us right away for your free, no obligation consultation. With a law office in Stockton, we handle semi-truck accident claims throughout the San Joaquin Valley.