18-Wheeler Accidents in Mississippi

How Trucking Regulations Affect Legal Claims After an 18-Wheeler Accident in Mississippi

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Accidents involving 18-wheelers, tractor-trailers, and other large commercial trucks are often catastrophic. The sheer size and weight of these vehicles, combined with the speeds at which they travel, can result in devastating injuries and even fatalities. If you or a loved one has been involved in a truck accident in Mississippi, understanding the complex web of federal and state trucking regulations is important to protecting your legal rights. These regulations are not just guidelines; they are laws that, when violated, can form the basis of a strong legal claim for negligence.

The Gardner Law Group, with offices in Pascagoula and Biloxi, has extensive experience handling truck accident cases and a deep understanding of the regulations that govern the trucking industry. We can help you navigate this complex legal landscape. Call us at 228-436-6555 or contact us online for a free consultation.

Why Trucking Regulations Matter

The trucking industry is heavily regulated for a good reason: to protect the public. These regulations cover virtually every aspect of trucking operations, from driver qualifications and hours of service to vehicle maintenance and cargo securement. When trucking companies and drivers fail to comply with these regulations, they put everyone on the road at risk.

In a legal claim following a truck accident, violations of trucking regulations can be powerful evidence of negligence. Proving that a trucking company or driver violated a regulation often establishes “negligence per se.” This means that the violation itself is considered proof of negligence, making it significantly easier to establish liability.

Key Federal Trucking Regulations (FMSCA)

The Federal Motor Carrier Safety Administration (FMCSA) is the primary federal agency responsible for regulating the trucking industry. The FMCSA regulations, found in Title 49 of the Code of Federal Regulations (CFR), are extensive and cover a wide range of areas. Some of the most important regulations that frequently come into play in truck accident cases include:

Hours of Service (HOS) Regulations (49 CFR Part 395)

These regulations limit the number of hours a truck driver can drive and work in a given period. The purpose is to prevent driver fatigue, a major cause of truck accidents. The regulations specify:

  • 11-Hour Driving Limit: Drivers can drive a maximum of 11 hours after 10 consecutive hours off duty.
  • 14-Hour Workday Limit: Drivers cannot drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.
  • 60/70-Hour Limits: Drivers cannot drive after being on duty for 60 hours in a 7-day period or 70 hours in an 8-day period.
  • Rest Breaks: Drivers must take a 30-minute break after 8 hours of driving time.
  • Electronic Logging Devices (ELDs): Most trucks are now required to have ELDs, which automatically record driving time and make it much harder for drivers to falsify their logs.

Violations of HOS regulations are a common cause of truck accidents and are often a key factor in establishing liability.

 

Driver Qualification Regulations (49 CFR Part 391)

These regulations set minimum standards for truck driver qualifications, including:

  • Minimum Age: Generally, drivers must be at least 21 years old (or 18 for intrastate driving).
  • Commercial Driver’s License (CDL): Drivers must have a valid CDL with the appropriate endorsements for the type of vehicle they are operating.
  • Medical Examination: Drivers must pass a medical examination and obtain a medical certificate.
  • Drug and Alcohol Testing: Drivers are subject to pre-employment, random, post-accident, and reasonable suspicion drug and alcohol testing.
  • Driving Record Checks: Trucking companies are required to check the driving records of potential drivers.
  • Background Checks Companies are required to perform background checks.

If a trucking company hires a driver who does not meet these qualifications, and that driver causes an accident, the company can be held liable.

 

Vehicle Maintenance and Inspection Regulations (49 CFR Part 396)

These regulations require trucking companies to regularly inspect, repair, and maintain their vehicles. They also require drivers to conduct pre-trip and post-trip inspections. Specific requirements include:

  • Systematic Inspection and Maintenance: Companies must have a system in place for regular inspections, repairs, and maintenance.
  • Recordkeeping: Companies must keep detailed records of all inspections, repairs, and maintenance.
  • Driver Vehicle Inspection Reports (DVIRs): Drivers must complete a DVIR at the end of each workday, noting any defects or deficiencies.

If an accident is caused by a mechanical failure due to inadequate maintenance, the trucking company can be held liable.

 

Cargo Securement Regulations (49 CFR Part 393, Subpart I)

These regulations specify how cargo must be secured to prevent it from shifting, falling, or spilling during transport. Improperly secured cargo can cause accidents directly (e.g., cargo falling off a truck) or indirectly (e.g., causing a driver to lose control).

Hazardous Materials Regulations (49 CFR Parts 100-185)

These regulations require special training and packaging of dangerous materials to ensure safety in transport.

Mississippi State Trucking Regulations

In addition to federal regulations, Mississippi has its own state laws and regulations that govern trucking. These often mirror the federal regulations, but there may be some differences or additional requirements. Mississippi’s regulations cover areas such as:

  • Size and Weight Limits: Mississippi has specific limits on the size and weight of trucks and their loads.
  • Permits for Oversize/Overweight Loads: Special permits are required for vehicles that exceed the standard size and weight limits.
  • Traffic Laws: Truck drivers are subject to the same traffic laws as other drivers, as well as some additional regulations specific to commercial vehicles.
  • Intrastate Commerce: For trucking operations that occur solely within Mississippi, some different (often less stringent) regulations may apply.

How Violations of Trucking Regulations Impact Your Legal Claim

When a trucking company or driver violates a federal or state regulation, and that violation contributes to an accident, it strengthens your legal claim significantly. Here’s how:

Negligence Per Se: As mentioned earlier, a regulatory violation often establishes negligence per se. This means you don’t have to prove that the driver or company acted carelessly; the violation itself is proof of negligence.

Multiple Parties Potentially Liable: Truck accident cases often involve multiple potentially liable parties, including:

  • The truck driver
  • The trucking company
  • The owner of the truck (if different from the trucking company)
  • The owner of the trailer (if different)
  • The shipper of the cargo
  • The company that loaded the cargo
  • The manufacturer of a defective truck part
  • Maintenance Companies

Regulatory violations can help determine which of these parties should be held responsible.

 

Increased Damages: In cases involving egregious violations of safety regulations, punitive damages may be available. Punitive damages are intended to punish the defendant and deter similar conduct in the future.

The Role of Your Attorney in Managing Trucking Regulations in Mississippi

A skilled Mississippi truck accident attorney will thoroughly investigate the accident, identify all potential regulatory violations, and gather the evidence needed to build a strong case with trucking regulations in mind. This investigation may involve:

  • Obtaining Police Reports and Accident Reconstruction Reports.
  • Reviewing Driver Logs (including ELD data).
  • Inspecting the Truck and its Maintenance Records.
  • Examining the Driver’s Qualifications and Training Records.
  • Interviewing Witnesses.
  • Consulting with Trucking Industry Experts.
  • Obtaining Black Box Data.

Gardner Law Group: Experienced Truck Accident Attorneys

Truck accident cases and trucking regulations are complex and require specialized knowledge of trucking regulations and litigation strategies. The Gardner Law Group has the experience and resources to handle these challenging cases effectively. We are committed to holding negligent trucking companies and drivers accountable and securing the maximum compensation for our clients.

If you or a loved one has been injured in a truck accident in Mississippi, don’t hesitate to contact us. Call 228-436-6555 or reach out online to schedule a free, no-obligation consultation. We’ll review your case, explain your legal options, and help you take the next steps. We serve clients in Pascagoula, Biloxi, and throughout the Mississippi Gulf Coast.