New Federal Trucking Regulation Enforcement Program Moving Ahead

October 10, 2010

CSA 2010, the Federal Motor Carrier Safety Administration's new enforcement and compliance program, has been implemented in nine pilot states and will soon be rolled out nationwide. The program, which fundamentally changes the requirements for safety compliance reporting by trucking companies, is intended to increase highway safety for truckers as well as the millions of motorists who share the road with them.

Truck drivers, bus drivers and other commercial vehicle operators are subject to a wide range of federal regulations that do not affect other drivers. A major part of the federal regulatory scheme involves restrictions on the number of hours an operator can drive in a given stretch, the amount of time the driver must spend off the road, and other measures to prevent accidents caused by fatigue. The reasons behind these Hours-of-Service rules are obvious: when a 40-ton tractor-trailer rig or a bus filled with passengers is involved in an accident at highway speeds, the results can be devastating. Drivers who fail to obey these rules -- or employers who encourage them to break the rules -- are clearly negligent.

CSA stands for Comprehensive Safety Analysis. The program's ultimate goal is to reduce crashes, injuries and fatalities on American roads. CSA 2010 is based on five key strategies:
- Accommodating changes to the transportation industry, including improvements in technology.
- Improving federal and state enforcement efficiency while enhancing the safety performance of trucking companies.
- Identifying the sources of safety risks and targeting unsafe practices with compliance and enforcement efforts.
- Leveraging collected data and technological innovations to improve motor carrier safety.
- Ensuring consistent enforcement of federal transportation laws and regulations in all states.

One technique that CSA 2010 will employ to improve highway safety is a Safety Measurement System (SMS), which is intended to identify commercial vehicle operations that have a high rate of accidents with distinct types of causes: unsafe driving, fatigued driving, driver fitness, drug and alcohol use, vehicle maintenance, and cargo-related hazards. By collecting data on these factors, the FMCSA should be better able to intervene and root out the most dangerous behaviors before they cause further harm.

When Bureaucratic Efforts Fail, Truck Accident Injury Victims Have Options

The best-intentioned government efforts cannot repair the catastrophic damage that often results when trucking safety regulations are misinterpreted, deferred or ignored. A choice to get one more long haul out of a braking system that was due for replacement can cause serious injuries and fatal harm when a semi truck is unable to stop as quickly as it should. A trucking company that fails to properly screen an employee for a dangerous driving history or substance abuse problems may lead to a highway tragedy that devastates a family. A warehouse that overloads a trailer to save a few dollars on their cargo expenses is a responsible party when the load shifts and the rig tips over on a busy road.

By thoroughly investigating the causes of an accident, personal injury lawyers help to create a safer environment for all drivers and passengers. But their most important service is helping injury victims and their families obtain the compensation they need for medical expenses, property damage, lost wages and other losses. Because truck accident cases are often handled on a contingency basis, legal services are available without requiring victims to pay attorney fees in advance.

If you or a family member has suffered a catastrophic injury such as spinal damage, a traumatic brain injury, severe burns or multiple fractures in an accident involving a tractor-trailer, you may be approached by the trucking company's insurance company with an offer of compensation. Despite the apparent extent of your injuries, it makes sense to evaluate all of your losses, including your prospects for a full recovery and the potential for ongoing medical expenses.

If a trucking accident results in a wrongful death, you should understand the full range of compensation for which you may be eligible beyond accident-related expenses and the former earning potential of your lost loved one. When government regulation has failed to protect you and your family, a consultation with a truck accident lawyer can help you consider steps to hold negligent parties to their safety obligations.

Article provided by Law Office of Richard Langerman
Visit us at www.langermanlaw.com