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How to Combat Vague FMCSR Regulations

January 1, 1970 · FLEMING | NOLEN | JEZ, L.L.P.

Imagine this. It is raining, the roads are wet, and a truck changes lanes without checking its blinds spot and collides with your car. The pain of your injuries are made worse by the fact that the collision could have been avoided if the truck driver had followed protocol. In circumstances like these, it is important to obtain legal representation to seek compensation.

One thing a plaintiff’s attorney can do to help her case is look at the Federal Motor Carrier Safety Regulations (FMCSR). These regulations establish rules of conduct to ensure driver safety.

Topics the FMCSR covers include:

  • Records trucking companies need to keep
  • Rules about commercial driver’s license
  • Minimum insurance limits for trucking companies
  • Alcohol and drug testing
  • Safety rules for operating a commercial motor vehicle
  • Regulations for number of hours driven

While the FMCSR covers these topics, they offer broad generalizations about what the rules and regulations actually maintain. For example, FMCSR § 392.14 asserts that during bad weather truck drivers must use “extreme caution” while driving. However, the regulation does not clarify what counts as “extreme caution.” Another example is FMCSR §383.111(a)(4) which maintains that all commercial motor vehicle drivers need “special knowledge” about operating a truck. Unfortunately, FMCSR rules do not explicitly state what this special knowledge pertains. In order to discover the details, one would have to look in the state’s CDL manual.

At Fleming, Nolen & Jez LLP, we believe truck drivers are responsible for not only their own care, but of the safety of other drivers on the road. If you or a loved one was injured in a catastrophic accident, contact our Houston truck lawyers today. We will evaluate your case and put together a case that will help you seek the compensation you deserve. Call today to schedule a free consultation.