1) Spot issues early—before your case goes sideways
Trucking cases live under a federal rules umbrella. Start by checking the hours-of-service (HOS) limits and log compliance in the FMCSA summary (property-carrying drivers) to spot fatigue and scheduling problems: FMCSA HOS overview.
Run the carrier and unit through federal safety databases: the SAFER Company Snapshot for crashes/inspections, and SMS for BASIC percentile flags (unsafe driving, hours-of-service, vehicle maintenance): SAFER Snapshot and FMCSA SMS.
Check the accident register duty: carriers must keep a 3-year crash log with specific details (date, location, injuries). See 49 C.F.R. § 390.15 text: ecfr.gov or LII.
Need help pulling records fast? Start here: Chatsworth Truck & Car Accidents — Free Consult.
2) Why trucking collisions are different (damages, liability, insurance)
More defendants & duties: Beyond the driver, federal rules impose obligations on the motor carrier for hiring/qualification (see 49 C.F.R. Part 391), safe operation (Part 392), equipment (Part 393), and inspection/maintenance (Part 396). Start with the regulation index: FMCSA Regs Search and the full texts: Part 391, Part 392, Part 393, Part 396.
Bigger policies & the MCS-90 world: Interstate carriers must meet minimum financial responsibility under 49 C.F.R. Part 387 (with Form BMC-91/91X filings). See Part 387 and FMCSA’s Insurance Filing Requirements (limits chart, BMC-91X): FMCSA Insurance Filings.
Damages still include medical bills, lost wages, pain/suffering—but regulatory breaches (e.g., fatigue, maintenance) can dramatically shift settlement value. For macro context, see FMCSA’s annual Large Truck & Bus Crash Facts: LTBCF.
3) What truck drivers must do (and the failures we look for)
- No fatigued driving: 49 C.F.R. § 392.3 forbids driving when ability/alertness is impaired by fatigue/illness. § 392.3.
- Extreme caution in bad weather: § 392.14 requires reduced speed—and, if needed, stopping—when conditions (rain, fog, ice, dust) reduce traction/visibility. § 392.14.
- Cargo securement & checks: § 392.9 requires proper distribution/securement and re-inspection within the first 50 miles. § 392.9.
- Seat belts: § 392.16 mandates driver (and passenger in property-carrying CMVs) seat-belt use. § 392.16.
We also map vehicle-related failures under Part 393 (brakes, tires, lighting, etc.). For underride risks and why guard design matters, see IIHS: Large trucks & underride guards and Underride overview.
4) Direct claims against the motor carrier (beyond the driver)
- Negligent hiring/qualification: Did the carrier maintain a Driver Qualification (DQ) file (application, MVRs, road test/CDL, medical)? See Part 391 and FMCSA Safety Planner summaries: Part 391 and DQ File checklist.
- Drug & Alcohol violations: Confirm Clearinghouse status (Part 382). FMCSA explainer: Drug & Alcohol Clearinghouse and About the Clearinghouse.
- Systematic maintenance: Part 396 requires systematic inspection, repair, and maintenance; see FMCSA overview and ECFR text: FMCSA Part 396 overview and ECFR Part 396.
5) Preserve the truck’s
electronic data
(ELD, ECM/“black box,” cameras, telematics)
- ELD logs (HOS): Carriers must retain ELD RODS data and supporting docs for 6 months and keep a separate backup. FMCSA guidance and ECFR confirm this retention: FMCSA ELD retention FAQ and 49 C.F.R. Part 395, Subpart B.
- Rapid requests: ELDs must be able to produce subsets of records for specified periods (e.g., 30 days) to authorized safety officials—use this to inform the scope of your preservation letter. See FMCSA guidance: ELD file creation & subsets.
- Accident register: Demand the 3-year crash log and related records under § 390.15 to locate prior similar incidents and corrective actions. § 390.15 text.
Practical tip: ask for dash-cam video, GPS/AVL pings, Qualcomm/telematics exports, DVIRs (driver vehicle inspection reports under § 396.11), and maintenance history for the tractor and trailer. For DVIR, see § 396.11 and FMCSA Safety Planner notes: DVIR summary.
6) Insurance coverage basics you can leverage
Interstate carriers must carry minimum limits (often far higher than typical auto) and file proof with BMC-91/BMC-91X; the MCS-90 endorsement can matter when coverage defenses arise. Start with Part 387 and FMCSA’s filing page: 49 C.F.R. Part 387 and FMCSA insurance filings/limits.
7) Trusted resources on trucking safety, training, and regulation
- FMCSA Regulations Portal: one place to browse Parts 300–399 (driver, operation, equipment, maintenance). FMCSA Regs Search.
- FMCSA Safety Planner (official summaries/checklists): HOS, DQ files, DVIRs, insurance, accident registers. Safety Planner and HOS/ELD retention.
- FMCSA Data: SAFER Snapshot and SMS for safety records and BASICs.
- Crash statistics: Large Truck & Bus Crash Facts (annual). LTBCF.
- Vehicle safety research: IIHS on large trucks & underride. IIHS trucks and Underride guards.
- NTSB safety recommendations database (CAROL): search truck-related recommendations. NTSB Safety Recommendations.
What to do now (checklist)
- Medical first; keep all records.
- Preservation letters immediately for ELD/ECM, dash-cam, DVIRs, maintenance, and the § 390.15 accident register. § 390.15 text.
- Pull SAFER/SMS and note any maintenance/HOS red flags. SAFER / SMS.
- Compare logs to HOS rules and weather under § 392.14. HOS summary / § 392.14.
- Inspect cargo securement obligations under § 392.9 and Part 393. § 392.9 / Part 393.
Talk to a lawyer early
These timelines are short and data can be overwritten. For a rapid evidence plan in Chatsworth, Woodland Hills, Porter Ranch, Simi Valley, and Los Angeles, start here: Manoukian Law — Car & Truck Accidents.