The trucking industry is heavily regulated to help prevent serious truck accidents from happening. All commercial trucks that pass through North Carolina must adhere to state and federal trucking laws for safety reasons. If a trucking company or truck driver violates a law, this can drastically increase the odds of a collision.
Licensing Requirements
Truck drivers in North Carolina must carry valid commercial driver’s licenses (CDLs) to operate large trucks. To obtain a CDL, a driver must pass knowledge and driving tests after taking formal truck driver training. If a truck driver will be carrying hazardous materials, the driver must obtain a special endorsement. Before hiring a truck driver, a trucking company must verify that the driver has a valid CDL and is properly trained.
Hours-of-Service Restrictions
The federal government enforces hours-of-service (HOS) laws that restrict how long a truck driver can operate a large truck without taking a rest break. Under the Federal Motor Carrier Safety Administration, these limits include a maximum drive time of 11 hours after 10 consecutive hours off duty. Breaking HOS laws can result in a drowsy or fatigued truck driver who causes an accident.
Drug and Alcohol Testing
The use of drugs and alcohol is strictly prohibited among commercial truck drivers. In North Carolina, driving while intoxicated (DWI) laws make it illegal for commercial drivers to operate vehicles with a blood alcohol concentration level of 0.04 percent or more. Trucking companies are legally required to put their drivers through drug and alcohol testing pre-employment, at random and after truck accidents.
Truck Maintenance Rules
Large trucks can become extremely dangerous vehicles if they are not properly maintained. Commercial trucks must pass safety inspections to ensure that all critical systems, including the brakes and tires, are functioning properly. If a company or truck owner fails to adequately maintain a truck, the vehicle can experience part breakdowns and mechanical failures that cause traffic accidents.
Cargo Securement Requirements
Cargo companies and the workers responsible for loading large trucks must follow federal standards in terms of balancing and securing cargo to prevent it from shifting or falling during transport. Depending on the type of cargo, workers must use a certain type and number of tie-downs to safely secure a truck’s load. Improper truck loading can lead to cargo spilling into the road and striking other vehicles.
Recordkeeping Requirements
Trucking companies and truck drivers in North Carolina must comply with federal recordkeeping laws in terms of the documents they create and keep. These documents include truck driver employment records, medical examiner’s certificates, records of any driving violations, a driver’s logged hours, drug and alcohol test results, truck accident records, vehicle inspection and maintenance records, legal compliance reports, and insurance documents.
How to Seek Justice for a Broken Trucking Law in North Carolina
A trucking company or truck driver that breaks any state or federal trucking law could cause a harmful truck accident in North Carolina. In this situation, an injured victim may be able to collect financial compensation for his or her medical bills and property damage by holding the trucking company responsible.
If you get involved in a truck accident that was caused by a violated trucking law, contact a Wilmington truck accident lawyer for legal representation throughout the claims process. An attorney can investigate the crash to search for signs of negligence. Then, your lawyer can use this evidence to achieve a positive case outcome on your behalf.