The Federal Motor Carrier Safety Administration (FMCSA) promulgates rules that govern commercial trucking across the country. Importantly, these rules apply on Illinois highways. FMCSA rules regulate almost every aspect of how trucks are driven and maintained. Â
When a trucking company or driver violates these standards, accidents are more likely to occur. If such a violation contributes to a truck accident in Aurora, IL, the truck driver or trucking company may be liable for the injuries and damages that result.Â
Commercial trucks are generally subject to the following regulations.
Commercial Driver’s License (CDL) Qualifications
Every commercial truck driver in Illinois must hold a valid CDL and satisfy strict medical and testing requirements. CDL classes vary based on the size and type of vehicle.
To legally operate a commercial truck, drivers must hold a current CDL, pass regular vision and medical examinations, and meet all federal fitness requirements. A driver who gets behind the wheel without proper credentials is violating the law.Â
Drug and Alcohol Testing for CDL Holders
Federal law mandates that trucking companies maintain active drug and alcohol testing programs for all commercial drivers. These programs must include pre-employment screening and random testing. Additionally, trucking companies must drug tests after certain collisions and provide return-to-duty testing after any violation involving alcohol or drugs.Â
Safe Operation of Trucks
Truck drivers are required to follow all Illinois traffic laws, just like drivers of passenger vehicles. However, federal regulations provide additional requirements. For instance, these rules specifically prohibit texting while driving and restricting handheld phone use for commercial drivers.
Hours of Service
Commercial drivers must abide by hours-of-service regulations to ensure adequate rest between shifts.
Under the standard rules, drivers must take at least 10 consecutive hours off before beginning a shift. Shifts may not exceed 14 total hours, and actual driving time is capped at 11 hours within that window. Additionally, drivers must take a 30-minute break after 8 cumulative hours behind the wheel.
Trucking companies cannot pressure drivers to exceed these limits; drivers have the right to refuse schedules that would force them to violate hours-of-service rules.
Inspection, Repair, and Maintenance of Equipment
Under federal law, trucking companies have a duty to inspect, maintain, and repair their vehicles on a regular basis. Companies must conduct routine inspections and address known defects. Likewise, they must maintain thorough maintenance records and remove any vehicle from service that poses a safety risk.Â
How an Attorney Can Help Investigate FMCSA Violations
FMCSA violations are one of the most common causes of truck accidents. However, it is not always obvious that such a violation contributed to a crash. Trucking companies and their investigators/attorneys move quickly after a crash to manage their exposure and control the narrative. Without prompt legal action, critical evidence can disappear or never see the light of day.
Our experienced Aurora motor vehicle accidents attorney who specializes in truck accident claims knows how to uncover FMCSA violations that led to your crash. Your attorney can issue spoliation letters to preserve ELD data, driver logs, maintenance records, and black box information before it is overwritten or destroyed. They can also subpoena employment records to determine whether a driver was properly licensed and drug tested during their employment. Likewise, they can review a company’s maintenance and inspection histories to identify equipment failures the company should have caught.
If you were hurt in a truck accident in Aurora, you should consult an attorney as soon as possible for help protecting your legal rights. Contact Feagans Law Group today to schedule a free consultation to learn more about your legal options.