If you’ve been in a truck accident, one of the biggest questions you might have is: Did the truck driver break the law? It’s a fair question. After all, commercial trucks are massive machines, and when one crashes, the damage can be devastating. But figuring out if the driver—or the company they work for—violated safety regulations isn’t always straightforward.
Let’s break it down together so you know what to look for.
Why Safety Violations Matter
Truck drivers and trucking companies must follow strict state and federal regulations designed to keep everyone on the road safe. When they don’t, crashes happen. If the driver or company ignored these rules, it could mean they were negligent—and that could make a huge difference in your ability to recover damages.
But here’s the catch: Trucking companies and their insurance providers will do everything they can to shift blame away from themselves. That’s why knowing what to look for is so important.
Common Trucking Safety Violations
Here are some of the most common violations that can lead to accidents:
1. Hours-of-Service Violations (Driving Too Long Without Rest)
Truck drivers are required by federal law to take breaks and limit their driving hours. The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules:
- Maximum of 11 hours driving after 10 consecutive hours off duty.
- No more than 14 total working hours in a day.
- Must take a 30-minute break after 8 hours of driving.
Why does this matter? Driver fatigue is one of the leading causes of truck accidents. A tired driver is just as dangerous as a drunk driver.
2. Overloaded or Improperly Loaded Trucks
Trucks have weight limits for a reason—overloading affects braking distance, stability, and control. If a truck was carrying more than the legal weight limit or had an unevenly loaded trailer, it could have contributed to the crash.
Warning signs:
- The truck was struggling to stop or swayed side to side.
- Cargo spilled during the crash.
- There was an imbalance in how the truck sat on the road.
3. Faulty Equipment & Poor Maintenance
Trucking companies are required to regularly inspect and maintain their vehicles. Brake failures, tire blowouts, and steering malfunctions are all preventable issues if a truck is properly maintained.
Red flags:
- Worn-out tires or tire tread separating.
- Headlights, brake lights, or turn signals not working.
- Visible leaks, rust, or damage to key components.
4. Speeding or Reckless Driving
Truck drivers are often pressured to meet tight delivery schedules, leading them to speed or take risks they shouldn’t. Because of their size and weight, trucks take much longer to stop than regular cars. If a driver was speeding or tailgating, they could be at fault.
Clues that speed was a factor:
- Skid marks showing a late attempt to stop.
- Impact severity—trucks going too fast often cause more catastrophic damage.
- Witness reports of aggressive driving before the crash.
5. Distracted or Impaired Driving
Just like any other driver, truckers can be guilty of texting, talking on the phone, or even eating behind the wheel. Worse, some turn to drugs or alcohol to cope with long hours on the road.
Watch for:
- Erratic driving behavior before the crash.
- Delayed reactions to road conditions.
- A police report showing impairment or illegal substance use.
How to Prove a Safety Violation
Proving that a truck driver or company violated safety laws takes evidence. Here’s what you can do:
✅ Get a copy of the police report – Officers often document potential violations at the scene.
✅ Take photos and videos – If possible, capture skid marks, truck condition, cargo spills, and other details.
✅ Look at the truck’s black box data – Many commercial trucks have event data recorders that track speed, braking, and driver activity before a crash.
✅ Request maintenance and logbook records – If the truck wasn’t properly maintained or the driver falsified their hours, this can be crucial evidence.
✅ Talk to witnesses – Other drivers or bystanders may have seen reckless behavior leading up to the crash.
What If You Suspect a Violation?
If any of these red flags sound familiar, you could have a strong case for negligence. But trucking companies and insurers won’t just hand over evidence willingly. That’s where legal expertise comes in—professionals who handle these cases know what records to request, what data to analyze, and how to build a case.
Overcoming Common Fears About Taking Legal Action
It’s normal to hesitate when considering legal action. Maybe you’re worried about cost, or you’re unsure if you even have a case. Here’s the truth:
- Most truck accident lawyers work on contingency, meaning you pay nothing upfront.
- Investigating a safety violation isn’t just about money—it’s about accountability. Holding trucking companies responsible helps prevent future accidents.
- You don’t have to figure this out alone. If you suspect a violation, talking to an expert can clarify your options.
Final Thoughts
If you were hit by a truck and something just feels off about what happened, trust that instinct. Safety violations are more common than you think, and they can be the key to proving negligence. Gathering evidence and speaking with an expert could make all the difference in your recovery.
Have questions? Don’t wait—find out if a trucking violation played a role in your accident today. Call Williams DeLoatche today for a free consultation with an attorney: (540) 385-5555.