Trucking Law Shield Under Scrutiny: States Challenge Federal Protection in Injury Cases

The trucking industry is a vital component of the American economy, responsible for transporting goods across the nation. However, with increased traffic and demanding schedules, truck accidents are, unfortunately, a reality. In 2020, Texas, for example, ranked first in the nation for truck-related fatalities, with 643 deaths. When these accidents occur, the legal landscape can become complex, especially when questions arise about the extent to which federal regulations protect trucking companies from liability in personal injury cases. This is where the “Trucking Law Shield Under Scrutiny: States Challenge Federal Protection in Injury Cases” comes into play, a situation where individual states are questioning the umbrella of protection afforded by federal law.

The Role of Federal Regulations in Trucking

The Federal Motor Carrier Safety Administration (FMCSA) establishes and enforces regulations for the trucking industry. These regulations cover a wide range of areas, including:

Hours of Service (HOS): These rules limit how long drivers can be on the road to prevent fatigue-related accidents.
Vehicle Maintenance: Regulations mandate regular inspections and maintenance to ensure trucks are safe and roadworthy.
Commercial Driver’s License (CDL) Requirements: Drivers must meet specific qualifications and training standards to obtain and maintain a CDL.
Drug and Alcohol Testing: Federal law requires trucking companies to conduct drug and alcohol testing for drivers, including after certain types of accidents.
Insurance Requirements: The FMCSA mandates minimum levels of liability insurance for motor carriers to ensure victims have access to compensation. For example, general freight carriers must maintain at least $750,000 in coverage. Hazardous materials carriers can be required to carry up to $5 million.

The purpose of these regulations is to improve highway travel safety and reduce the number of truck accidents. When a truck accident occurs, and a violation of FMCSA regulations is found, it can significantly impact the legal proceedings.

States Challenge Federal Protection

While federal regulations set a baseline for safety and compliance, individual states can also enact their own laws and regulations that affect the trucking industry. In some cases, these state laws may conflict with or challenge the perceived protections offered by federal regulations.

Several states have introduced or passed legislation that aims to make it more difficult for victims of truck accidents to sue trucking companies. These laws often focus on limiting the scope of liability and the evidence that can be presented in court.

For example, a law passed in Texas in 2021 stipulates that trucking companies cannot be sued for their role in a crash unless the driver has first been found liable by a court. This process, called a bifurcated trial, confines attorneys to the facts immediately surrounding the specific accident and whether the company was negligent in hiring or vehicle maintenance before the crash. Broader evidence about the company’s past is only allowed if the driver or company is proven at fault and the trial moves to a second phase.

These types of laws are often supported by trucking associations, who argue that they protect companies from “biased and unfair courtroom tactics” and curb “frivolous lawsuits and excessive payouts.” However, safety advocates contend that such laws shield trucking companies from legitimate liability and disincentivize them from working to prevent crashes.

The Concept of Negligence Per Se

In personal injury cases, like truck accident claims, the injured party must prove negligence on the part of the defendant (the trucker and/or trucking company). Proving that the defendant violated FMCSA regulations can be a critical part of establishing their negligence.

Many states adhere to the legal principle of negligence per se. This doctrine states that when a person violates a law or regulation designed to protect people from harm, that violation can be considered automatic proof of negligence. In truck accident cases, this means that if a driver or trucking company is found to have violated an FMCSA regulation, such as HOS rules, this can be used as strong evidence of negligence.

However, it’s important to note that proving a violation alone is not enough to win a case. The plaintiff must also demonstrate that the violation directly caused their injuries and damages.

The Role of Trucking Law Shield and Similar Services

Trucking Law Shield and similar legal service providers offer legal assistance and representation to truck drivers and trucking companies. These services typically provide access to attorneys who specialize in trucking law and can help drivers navigate legal issues such as traffic violations, accidents, and regulatory compliance.

Some services, like LegalShield, offer plans that cover moving violations defense, property damage claims, and personal injury assistance. They may also provide discounts on other transportation-related legal matters.

However, it’s important to carefully review the terms and conditions of these services to understand the scope of coverage and any limitations that may apply. Some drivers have expressed concerns that these services may not always be worth the cost, as they may simply refer drivers to local attorneys who could be found independently.

Advice for Truck Drivers and Companies

Given the complexities of trucking law and the potential for legal challenges, it’s essential for truck drivers and companies to take proactive steps to protect themselves:

Prioritize Safety and Compliance: Adhering to all FMCSA regulations and state laws is the best way to prevent accidents and minimize liability.
Maintain Thorough Records: Accurate and up-to-date records, including driver logbooks, vehicle maintenance records, and inspection reports, can be crucial in defending against claims.
Invest in Driver Training: Comprehensive training programs can help drivers understand and comply with regulations, as well as develop safe driving habits.
Seek Legal Counsel: If you’re involved in a truck accident or face a legal issue, consult with an experienced trucking attorney who can advise you on your rights and options.
Review Safety Manuals: Ensure that safety manuals are up to date with FMCSA regulations.

Conclusion

The legal landscape surrounding trucking accidents is constantly evolving, with states increasingly scrutinizing the extent to which federal regulations protect trucking companies. By understanding the interplay between federal and state laws, prioritizing safety and compliance, and seeking legal counsel when necessary, truck drivers and companies can navigate this complex environment and protect their interests.