Federal Rules That Shape a Truck Claim
Post-crash testing deadlines
After a crash that kills someone, or one in which the truck driver is cited and someone needs treatment away from the scene or a vehicle is towed, the carrier must test its driver. An alcohol test not given within eight hours is abandoned, and a drug test within 32 (49 CFR 382.303). Whether those tests happened, and when, is one of the first questions to ask.
Hours-of-service limits
A property-carrying driver may drive up to 11 hours within a 14-hour window that opens after 10 hours off duty, needs a 30-minute break once 8 hours of driving have built up, and may not drive after 60 on-duty hours in seven days, or 70 in eight, depending on the carrier's schedule (49 CFR 395.3). Fatigue on the I-15 corridor is a familiar story, and the logs show whether the limits were broken.
Six months of duty records
Carriers must keep each driver's records of duty status and supporting documents for at least six months (49 CFR 395.8(k)). That is a real window, but it closes, and camera video and other data outside the required records may be kept for less time. A written preservation demand sent early puts the carrier on notice to hold all of it.
Insurance minimums for interstate carriers
A for-hire interstate carrier hauling ordinary freight in a vehicle rated 10,001 pounds or more must carry at least $750,000 in financial responsibility; oil and many hazardous materials raise the minimum to $1,000,000, and the most dangerous bulk loads to $5,000,000 (49 CFR 387.9). Our guide to Utah truck accident claims explains how those policies are reached.
The company behind the driver
A driver on the job usually makes the employer answerable for the crash as well, and a carrier can be responsible in its own right for hiring an unqualified driver, skipping maintenance or setting a schedule that could not be met legally. Identifying every responsible company early keeps the full amount of coverage in reach.