Federal Trucking Regulations

Miami Attorneys Skilled in Motor Vehicle Collision Claims

The Federal Motor Carrier Safety Regulations (FMCSR) governs all trucking companies, their employees, and vehicles that operate transportation services for people or property in interstate commerce. Thus, all trucks that move between states must comply with federal regulations to ensure the safety of the roads for motorists and pedestrians. When drivers or their employers fail to adhere to federal safety guidelines, serious harm can result. The truck accidents at the Law Offices of Robert Dixon can assist Miami residents and others who have been hurt by careless drivers or companies. We can investigate whether any safety measures were lacking and try to make sure that the proper individuals or entities are held responsible.

Pursuing Damages from Trucking Companies for Failing to Follow Federal Regulations

Interstate truck drivers, trucking companies, and all others who are involved in this industry are regulated by the Federal Motor Carrier Safety Administration, which sets the FMCSR. These regulations impose specific requirements regarding all aspects of trucking operations, including:

  • Designations for when vehicles should be kept out of service;
  • When inspections should take place, both daily and annually, and what should be included in such inspections;
  • Proper loading protocols for cargo to avoid spills, or items blowing, shifting, or falling from the truck;
  • Accident report content and retention requirements;
  • Compliance with state trucking regulations;
  • Stipulations regarding lights and reflectors, as well as the use of safety signs for a stopped vehicle; and
  • How drivers should maneuver in certain complex situations, including crossing railroad tracks or inclement weather.

When companies or their drivers ignore federal mandated safety precautions, major accidents can result that leave victims physically and financially devastated. To pursue compensation for injuries sustained in a truck crash, a victim must show that the defendant acted negligently. Negligence is generally found when a person or entity breaches a duty owed to someone else to act as a reasonable and prudent person or entity would have behaved under similar circumstances. This lack of care must have caused an accident from which damages arose. Once negligence is shown, victims may be able to recover damages for past and future medical expenses, property damage, and lost income or earning capacity, as well as pain and suffering.

For instance, if someone is hurt because a truck’s cargo was loaded improperly, in violation of the FMCSR, a shipper that is responsible for loading that cargo can potentially be held responsible for the damages that resulted. The FMCSR is a source of guidance for the accepted standard of reasonable care to be used in a big rig accident case.

Many parties, often with their own agendas, may be involved in the aftermath of a truck crash. With so many competing interests, sometimes spoliation of evidence occurs. This is when a potential defendant intentionally alters, destroys, or loses evidence to thwart legal liability. Because of this potential for misconduct, it is important to consult with a seasoned attorney as soon as possible following an accident.

Contact a Big Rig Accident Lawyer in the Miami Area

When truckers or their employers cause crashes by not following federal safety regulations, they should be held liable for their actions. Based in the Miami area, the knowledgeable motor vehicle collision attorneys at the Law Offices of Robert Dixon are dedicated to making sure that people hurt in a truck crash pursue proper compensation from the at-fault parties. Call 877.499.4878 or contact us online to schedule a free, no-obligation consultation. We represent injured individuals throughout South Florida, including in Miami and other cities across Palm Beach, Miami-Dade, and Broward Counties.

Client Reviews
"Thank you to Robert Dixon & Kristopher Torres for an amazing experience handling with my first injury lawsuit. Very much hassle-free and down to earth experience working with this law firm. I would definitely use them again! My case was settled and I am satisfied with the results! Glad to have them fighting on my behalf." Diamond Epps
"This firm goes out of there way to make sure all of your needs are met. They are wonderful and within a year, my settlement was reached. In addition, I never waited more than a couple hours for someone to get back with me. I highly suggest this firm." Melissa Ellis
"I had the pleasure of working with attorney Torres when I was involved in a car accident last year. He was always checking up on me, always making sure that I was getting the proper treatment that I needed. Whenever I called the office everyone was so nice and willing to help me. I'm glad he was my attorney and thank you for such a wonderful service from you and your firm." Natalie J.
"I'd like to say that the Law Office of Robert Dixon has been great to work with since the inception of my case back in 2016. Robert and team made me feel rest assured that patience would constitute a much larger settlement and that truly was the case. ... I highly recommend this law firm for anyone needing help from a very compassionate team of hard workers. Thanks again everyone for this positive experience as this was my first time ever dealing with the courts or a law firm...." Paul Carlson
"Jodie, Jennifer and the WHOLE Team are AWESOME! Everyone I have spoken to, have been very professional, patient and kind. The ladies take their time to ensure you understand everything that is happening every step of the way. Each time I would have a question, they were available via e-mail or a quick phone call." Nathalie Perez