The most frequent Federal Motor Carrier Safety Administration (FMCSA) violations that contribute to serious crashes involve driver hours-of-service, improper vehicle maintenance, and inadequate driver qualification. These are failures that put unsafe trucks and tired drivers on Indiana’s roads, like I-65 and I-70.
When a trucking company cuts corners on these federal safety rules, the consequences are devastating. Proving that a specific rule was broken is a direct way to establish the trucking company’s responsibility for the harm you’ve suffered. The challenge is that the evidence needed to prove these violations—like electronic logs, maintenance records, and driver files—is in the hands of the company you need to hold accountable.
The first step is to preserve that evidence before it disappears. If you have questions about a truck crash that has impacted your life, call Yosha Law for a straightforward conversation about your situation at (317) 648-7319.
Key Takeaways for FMCSA Violations in Indiana Truck Accidents
- Driver fatigue, poor maintenance, and unqualified drivers are top causes. Violations of hours-of-service rules, skipped inspections, and hiring unsafe drivers are the most common FMCSA violations behind serious crashes.
- The evidence is in the company’s hands. Proving these violations requires preserving and reviewing driver logs, maintenance records, ELD data, and qualification files.
- A formal spoliation letter is key. Sending this letter early forces the company to preserve evidence, preventing destruction or tampering and laying the foundation for a strong claim.
Why Do Federal Trucking Rules Matter for Your Indiana Crash Claim?
After a crash, it might seem like it’s just your word against the truck driver’s. Trucking companies and their insurers have teams dedicated to investigating crashes. They will look for any reason to argue you were at fault to protect their business interests. This feels like an impossible situation when you are focused on healing.
The Federal Motor Carrier Safety Regulations (FMCSRs) provide a clear set of safety standards that every interstate trucking company must follow.
Think of the FMCSRs as a detailed instruction manual for operating a trucking company safely. They cover everything from how long a driver is on the road to the condition of the truck’s brakes. When a trucking company violates an FMCSA rule and that violation leads to a crash, it serves as direct evidence of negligence in truck accident. Simply put, negligence is a legal concept that means someone failed to act with reasonable care. By breaking a federal safety rule, a trucking company has, by definition, failed to act with the care required by law.
These are federal rules, meaning they apply to every large commercial truck on every road in Indiana, from rural highways to the busy interchanges in Indianapolis. Our firm uses these regulations as the foundation for building a case.
The “Big Three” Violations: What Failures Do We See Most Often?
We find that most serious incidents are traced back to one of three primary areas of failure.
Did the Driver Fall Asleep? A Look at Hours-of-Service Violations
The federal government strictly limits the amount of time a commercial driver is on the road. Under 49 CFR Part 395, drivers are generally limited to an 11-hour driving day within a 14-hour window. After this period, they must have 10 consecutive hours off duty. This is designed to prevent driver fatigue, a leading cause of catastrophic errors in judgment.
These rules are sometimes broken when drivers feel pressured by dispatchers to meet unrealistic delivery deadlines, pushing them to drive longer than legally allowed. Some may falsify their logs to hide these violations. The evidence needed to prove this type of violation lies within the company’s own records.
To uncover these violations, we look for:
- Electronic Logging Devices (ELDs): Most commercial trucks are required to have an ELD, which creates a digital record of the truck’s movement and the driver’s duty status.
- Bills of Lading & Dispatch Records: These documents show pickup and delivery appointments. Comparing these times against the driver’s logs reveals inconsistencies that point to a violation.
- Fuel and Toll Receipts: These timestamped records create an independent timeline of the truck’s journey, which exposes logs that have been altered or falsified.
Was the Truck a Mechanical Failure Waiting to Happen?
A commercial truck is a complex piece of machinery that requires constant attention. According to 49 CFR Part 396, trucking companies have a legal duty to systematically inspect, repair, and maintain their vehicles. This includes everything from tires and brakes to lights and steering systems. Drivers are also required to perform their own pre-trip inspections to catch obvious defects.
To save money or keep trucks on the road, some companies might delay necessary repairs, use substandard parts, or skip routine maintenance checks altogether. The FMCSA has noted that issues with brakes and tires are common factors in truck crashes. A driver might also contribute by failing to conduct a thorough pre-trip inspection and report a known issue.
The evidence we seek includes:
- Maintenance and Repair Records: Companies must keep detailed logs of all work performed on every truck in their fleet.
- Post-Crash Vehicle Inspection Reports: After a serious crash, a formal, independent inspection of the truck reveals pre-existing defects like dangerously worn-out brakes or bald tires.
- Driver’s Daily Vehicle Inspection Reports (DVIRs): These daily reports show whether a driver identified a potential safety problem and, more importantly, whether the company took action to fix it.
Should This Driver Have Been on the Road at All?
Federal law, specifically 49 CFR Part 391, requires trucking companies to ensure their drivers are fully qualified before they get behind the wheel. This involves a deep dive into their driving record, a comprehensive medical examination, and verification that they hold the proper commercial driver’s license (CDL) for the vehicle they operate.
A company facing a driver shortage might be tempted to hire someone with a known history of reckless driving or past substance abuse issues. In other cases, a company might fail to pull a driver from service after they fail a drug test or a disqualifying medical condition, like sleep apnea or a heart condition, arises. Putting an unqualified driver on the road is one of the most serious forms of negligence a carrier commits.
To determine if a company failed in this duty, we examine:
- The Driver Qualification File: This is a file the company is legally required to maintain for every driver, containing their application, driving record, road test certificate, and medical certificate.
- Previous Employer Records: We investigate a driver’s full employment history to see if the company overlooked red flags that a proper background check should have revealed.
- Training and Onboarding Documents: These records show what steps the company took—or failed to take—to ensure the driver was properly trained and prepared for the specific demands of the job.
Beyond the “Big Three”: Other Violations That Lead to Devastating Crashes
While issues with hours-of-service, maintenance, and driver qualification are the most common culprits, other dangerous violations frequently contribute to serious truck crashes on Indiana roads. These failures also represent a breach of the safety standards mandated by federal law.
Was the Driver Impaired by Drugs or Alcohol?
There is a zero-tolerance policy for drug and alcohol use by commercial drivers. 49 CFR Part 382 mandates that every trucking company implement a comprehensive drug and alcohol testing program. This includes pre-employment screening, random testing, post-accident testing, and testing based on reasonable suspicion. Driving an 80,000-pound vehicle requires absolute focus, and any impairment leads to tragic results. A company’s failure to properly administer its testing program is a serious safety breach, and evidence such as post-accident toxicology reports are pivotal in a case.
Did Shifting or Spilled Cargo Cause the Crash?
The cargo inside a trailer is just as important as the truck itself. The rules in 49 CFR Parts 392 & 393 are very specific about how cargo must be secured to prevent it from shifting, falling, or spilling onto the roadway. An improperly secured load causes a truck to become unbalanced and tip over in a turn or during a sudden maneuver. Overload Cargo that falls onto the highway creates an instant, unavoidable hazard for every other driver. Evidence such as photos from the crash scene, witness statements, and the bill of lading (which describes the cargo) are all used to investigate this type of failure.
Were the Driver’s Logbooks a Work of Fiction?
The driver’s logbook, or Record of Duty Status, is the primary tool for enforcing hours-of-service rules. For this reason, 49 CFR Part 395.8 explicitly prohibits drivers and carriers from falsifying these records.
Falsification is almost always committed to hide another violation, typically driving beyond the legal hours-of-service limits. It is a deliberate act of deception designed to put profits ahead of public safety. As mentioned before, we uncover this by cross-referencing the official ELD data with other evidence like fuel receipts, GPS data, and dispatch records to find contradictions that prove the logs are inaccurate.
How Do We Uncover FMCSA Violations After a Crash?
This process begins with a spoliation letter. This is a formal legal notice we send to the trucking company and its insurer demanding they preserve all relevant evidence. This includes the truck itself, the electronic data from its “black box,” driver logs, dispatch communications, maintenance records, and the driver’s qualification file. This notice prevents them from destroying or “losing” information that is important to your case.
Once the evidence is preserved, we begin the methodical work of uncovering the truth. This involves:
- Data Analysis: We work with forensic experts to download and analyze the complex data from the truck’s electronic control module and the driver’s ELD.
- Document Review: We carefully review the driver’s entire history with the company, the truck’s maintenance logs, and the company’s own safety records to identify patterns of non-compliance.
- Depositions: We question drivers, safety directors, mechanics, and other company employees under oath to get a clear picture of their day-to-day policies and procedures.
This level of detailed investigation is what is required to hold a trucking company accountable and demonstrate how their failure to follow safety rules led directly to the crash.
Frequently Asked Questions About FMCSA Violations
Does it matter if the truck was from out of state?
No. The FMCSA regulations are federal laws that apply to all commercial carriers engaged in interstate commerce. This means a truck from California is held to the same safety standards in Indiana as a truck based in Indianapolis.
What if the police report doesn’t mention a violation?
A police report is a starting point, but officers at a crash scene rarely have the time or specialized training to conduct a full FMCSA compliance audit. These violations are typically uncovered during the detailed legal investigation that follows the crash, typically months later.
Can a trucking company be held responsible even if the driver caused the crash?
Yes. Under a legal principle called vicarious liability, an employer is generally responsible for the actions of its employees while they are on the job. Furthermore, if the company’s own negligence (like providing poor training, failing to maintain the truck, or pressuring the driver to violate hours-of-service rules) contributed to the crash, they are held directly liable for their own failures.
What if I was partially at fault for the accident?
Indiana follows a modified comparative fault rule. This means you may still recover damages as long as you are not found to be 51% or more at fault. Your recovery would then be reduced by your percentage of fault. Insurance companies may try to shift as much blame as possible onto you. Our role is to use the evidence, including FMCSA violations, to ensure no amount of blame is unjustly put on you.
Holding Negligent Trucking Companies Accountable
The rules of the road are different for 80,000-pound trucks, and for good reason. When those rules are broken, people get hurt.
We regularly help families in Indianapolis and across Indiana who are facing the consequences of a trucking company‘s failure to prioritize safety. As experienced truck accident lawyers, we know that the sooner we begin gathering evidence, the stronger your case will be. The sooner we begin gathering evidence, the stronger your case will be.
If you’re ready to take the next step, call Yosha Law today at (317) 648-7319.
