In Louisiana, strict regulations govern the roadways we share with commercial trucks to create safe roads for everyone. When trucking violations occur, the consequences can be severe for negligent truckers and everyone sharing the road with them. That’s why the Federal Motor Carrier Safety Administration and Louisiana’s state laws set high safety standards for truck drivers and trucking companies.
Trucking companies and drivers guilty of negligence face serious legal consequences when they cause accidents. In turn, victims need knowledgeable and experienced legal assistance. If a negligent trucking company or driver injured you or a loved one, call us at (337) 477-7222 or fill out our online contact form to schedule your free consultation.
What Regulations Must Trucking Companies Abide by in Louisiana?
The FMCSA and the state of Louisiana outline, update, and enforce commercial trucking regulations based on current data and best practices. When commercial trucking companies and drivers follow these laws, they significantly increase the safety of Louisiana’s roads. However, when they recklessly disregard these laws, innocent people may suffer serious harm.
Our knowledgeable Lake Charles truck accident lawyers are here to build the strongest case possible on your behalf. We can investigate the federal and state regulations relevant to your accident and explain how they impact your right to compensation.
Federal Regulations
Hours-of-Service Regulations
Truck drivers must observe strict HOS limits to prevent fatigue-related accidents. Drivers are required to take regular breaks after driving a certain number of hours. This regulation groups commercial drivers into two categories: property-carrying and passenger-carrying drivers. Property-carrying drivers can drive up to 11 hours following a 10-hour break. Passenger-carrying drivers can drive up to 10 hours following an eight-hour break.
Maintenance, Repair, and Inspection Requirements
The FMCSA requires systematic inspections, repairs, and maintenance of commercial trucks to ensure operational safety. This includes pre-trip inspections by drivers and regular inspections by certified specialists. Certain components of each vehicle, such as emergency door lights, must be inspected at least every 90 days.
Driver Qualification Standards
The FMCSA requires truck drivers to obtain a commercial driver’s license if they handle foreign, intrastate, or interstate commerce and drive a covered vehicle. For example, truck drivers operating vehicles with a gross weight of more than 26,001 pounds or a vehicle weight exceeding 10,000 pounds must obtain a Class A CDL.
Alcohol and Drug Testing Regulations
The FMCSA requires truck drivers and trucking companies to conduct drug and alcohol testing. According to the U.S. Department of Transportation, truck drivers are prohibited from using or possessing illicit drugs or alcohol while driving. Driving with a blood alcohol concentration of 0.04 or greater is prohibited (the limit is 0.08 for most civilians).
These regulations are just a few of the many federal rules trucking companies and drivers must abide by.
Louisiana State Laws
Additional Louisiana state laws help truck drivers stay safe on local highways and in changing weather conditions.
Truck drivers and their companies must also comply with numerous state-level regulations when operating in Louisiana. State laws generally align closely with federal standards, but sometimes emphasize specific issues relevant to driving conditions and industry needs in Louisiana.
For example, Louisiana’s Department of Transportation and Development regulates certain permits, such as double tandem load permits. Commercial truck drivers must also adhere to the same local laws as non-commercial drivers in Louisiana, including those involving speed limits, distracted driving, traffic signals, and rights of way.
What Truck Drivers and Trucking Companies Do To Stay Safe and Prevent Trucking Accidents
Both drivers and companies have a role in preventing accidents and building a culture of safety. Drivers should follow the rules of the road and make safe choices behind the wheel. At the same time, trucking companies should ensure their trucks are well-maintained, their drivers are properly trained, and safety is a top priority.
To stay safe and prevent accidents, truck drivers and trucking companies should follow best practices, which include:
Truck Drivers
- Avoiding alcohol and illegal drugs while driving. In 2021, six percent of large truck drivers involved in fatal crashes tested positive for at least one drug.
- Eliminating distractions when behind the wheel. It’s illegal to text or use a cell phone without a hands-free system while operating a commercial motor vehicle.
- Following rest break rules and avoiding medications that cause drowsiness.
- Keeping paperwork up-to-date. Maintenance records, driver logs, and cargo paperwork all provide critical accident information.
Trucking Companies
- Prioritizing vehicle inspections and preventative maintenance to meet federal regulations. In 2021, vehicle-related factors contributed to four percent of fatal accidents involving large trucks.
- Requiring refresher training on rules of the road, distracted driving, and other safety-related training for all drivers. In 2021, 32 percent of fatal large truck accidents had at least one driver-related factor.
- Reinforcing a culture of driving safety. Safety-conscious trucking companies use words like “crash” or “wreck” to make clear that incidents are often preventable and communicate safety expectations at all levels.
How Truck Drivers & Trucking Companies Violate These Laws
Both truck drivers and truck companies have an important role in road safety. When drivers violate safety laws and companies cut corners on maintenance, accidents, serious injuries, and deaths are more likely to occur.
Jackknife Accidents
Jackknifing occurs when a truck with a separate cab and trailer folds in on itself, causing the cab and trailer to skid in opposite directions, forming the shape of a jackknife. This type of accident occurs more frequently on wet or icy roads, and it can cause the truck to collide with other vehicles on the road.
A jackknifed truck may cause multiple collisions and block multiple lanes of traffic, making it difficult for emergency vehicles to reach the scene. While drivers and companies can’t control the weather, they can take steps to proactively address the other main factors in jackknife crashes, including equipment failure and poor braking.
Proper maintenance and adherence to safety regulations help prevent trucking accidents, and regular training ensures drivers know how to stay safe on the road. Both are proactive steps that help reduce the risk of trucking accidents.
Rollover Accidents
In a rollover accident, a vehicle tips onto its side or top. Commercial trucks have a high center of gravity, especially when loaded with cargo. This can make it easy for the truck to turn over when it encounters certain forces.
Commercial trucks may experience a rollover while turning, sliding into a curb, or hitting another vehicle. Rollover accidents are especially dangerous for drivers as exits out of the vehicle may be blocked.
Truck drivers can help reduce their risk of rollover accidents by cornering carefully, sticking to the speed limit, and making sure that all cargo securement devices meet federal standards. These standards include specific rules regarding the size and number of tie-downs and the forces that a cargo securement system must withstand.
Wide Turn Accidents
A typical 18-wheeler truck has a turning radius of 55 feet, which means the driver must be cautious to avoid turning too wide or too fast. A wide turn can cause the truck to sideswipe another vehicle or spill its cargo. Wide turn accidents can also result in rollovers or even head-on collisions with other vehicles.
Drivers can reduce the risk of wide turn accidents by following the speed limit and checking blind spots before turning. Traveling too fast for road conditions is a factor in 23 percent of all large truck accidents. Slowing down and staying alert can make a major difference in preventing these dangerous incidents.
Underride Accidents
An underride accident occurs when any portion of a vehicle slides under the side or back of a larger truck or trailer. These crashes can happen when a truck driver makes a turn, tries to switch lanes, or brakes suddenly.
The size differential between the truck and the smaller vehicle means that underride accidents are likely to be quite severe. Head injuries, spinal injuries, and fatalities can all be consequences.
Truck drivers can reduce their chances of an underride accident by driving the speed limit, braking appropriately, and checking their blind spots before turning.
How To Prove a Trucking Company or Truck Driver Acted Negligently
Following a truck accident, proving negligence is normally critical to securing the full and fair compensation you deserve. At Shamieh Law, we understand the intricacies of trucking accidents and have developed a comprehensive approach to building strong cases on behalf of injured victims.
Our truck accident lawyers carefully conduct a thorough, independent investigation in search of all available evidence to prove recklessness and negligence. This often includes evidence of texting while driving, driving under the influence, or violating state and federal regulations. Our trucking accident attorneys will carefully comb through all evidence of wrongdoing by the truck driver and their trucking company.
Gathering Essential Evidence
Collecting strong evidence is crucial to establishing the trucking company’s or driver’s negligence. Important evidence in a truck accident lawsuit may include things like:
- Dashcam footage: Some commercial trucks are equipped with dashcams. This footage can provide clear evidence of what happened in the moments leading up to the accident.
- Electronic logging devices: ELDs record driving times to monitor commercial vehicle drivers and can be used to investigate and enforce HOS limits. Our attorneys will analyze this data to identify potential breaches of FMCSA regulations.
- Truck driver logs: These documents are also important for investigating HOS violations, which may indicate that the accident was caused by driver fatigue.
- Maintenance records: Regular maintenance and inspections are required by federal regulations. A commercial truck’s condition at the time of the accident can indicate negligent violations.
- Toxicology reports: Evidence indicating the driver used drugs or alcohol while on duty can turn the tide of your claim.
Employing the Latest Technology
Our law firm uses cutting-edge technology to analyze evidence faster and more accurately. We can deploy accident reconstructions and black box analysis to develop a clearer picture of the circumstances of your accident.
- Accident reconstruction: Using advanced software, we can recreate the accident scene to understand the dynamics of the crash. This can yield valuable insights into the truck drivers’ behavior leading up to the accident.
- Black box analysis: Many commercial trucks have black boxes that record data before, during, and after a crash. This information can be invaluable in proving the truck driver’s negligence.
The Role of Experts in 18-Wheeler Trucking Accident Lawsuits
When a collision involves an 18-wheeler, the aftermath is often catastrophic. These aren’t your typical fender benders—instead, they can lead to life-altering injuries, multi-vehicle pileups, and even fatalities. For plaintiffs’ firms handling these high-stakes cases, success often hinges on the insights of specialized experts.
Why Trucking Accidents Are Legally Complex
Trucking accident litigation is different from standard auto accidents. These cases frequently involve:
- Federal Motor Carrier Safety Regulations (FMCSR)
- Commercial insurance policies
- Black box (ECM) data
- Driver qualification files
- Maintenance and inspection records
- Multiple potentially liable parties (driver, trucking company, maintenance contractors, etc.)
To effectively prove liability and damages, plaintiff attorneys rely on a network of trusted experts.
Why Trucking Accidents Are Legally Complex
- Accident Reconstructionists
These experts analyze the crash scene, vehicle damage, black box data, and more to reconstruct how the accident occurred. They can pinpoint speeding, improper lane changes, or braking failures, and produce compelling visuals for juries. - Trucking Industry Experts
These individuals—often former truck drivers, safety directors, or DOT inspectors—understand the operational standards and federal regulations that govern commercial trucking. They can identify violations in driver logs, fatigue issues, or lapses in fleet maintenance. - Medical Experts
Doctors, surgeons, and other specialists provide testimony on the nature and extent of the plaintiff’s injuries, long-term impact, and the necessity (and cost) of future treatment. - Life Care Planners & Economists
These experts estimate the lifetime costs of an injury, including future medical needs, lost earning capacity, and diminished quality of life. Their assessments can be critical in securing just compensation. - Vocational Rehabilitation Experts
When injuries limit a person’s ability to return to their previous job—or any job at all—these professionals assess employability and retraining needs.
Why Trucking Accidents Are Legally Complex
In court, facts matter—but so does storytelling. Expert witnesses bring technical details to life in a way jurors can understand. A skilled reconstructionist can demonstrate how a 30-ton truck failed to brake in time. A medical expert can humanize the suffering a client endures. And a trucking expert can connect the dots between a fatigued driver and a negligent company.
For plaintiffs’ firms, investing in the right experts is often the difference between a modest settlement and a multi-million-dollar verdict.
Contact Our Experienced Truck Accident Lawyers in Louisiana
At Shamieh Law, our personal injury lawyers bring experience, compassion, and legal expertise to the table. Our deep understanding of federal and state trucking regulations allows us to confidently navigate the details of your case, exploring every angle of liability. Our thorough and personalized approach to each case ensures our clients feel valued and heard throughout the legal claims process.
Our dedication extends beyond the courtroom. We are committed to your full recovery and will fight relentlessly for the compensation you deserve. Choosing Shamieh Law means choosing a firm committed to “Winning With Awareness.” We are dedicated to holding negligent trucking companies and drivers accountable for the pain and damage caused by their carelessness.
Let the world-class legal team at Shamieh Law advocate passionately for your rights. Call (337) 477-7222 or fill out our online contact form online to schedule your free consultation today.
