FMCSA Violations and How They Can Strengthen Your Trucking Accident Case

The Federal Regulatory Framework

The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency responsible for regulating commercial motor vehicles and the trucking industry in the United States. Its regulations — codified in Title 49 of the Code of Federal Regulations — cover virtually every aspect of commercial trucking, from driver qualifications and hours of service to vehicle maintenance and cargo securement.

When a trucking company or driver violates these regulations and a crash results, those violations can be powerful evidence in a personal injury or wrongful death claim. In many states, a regulatory violation that causes harm constitutes negligence per se — meaning the violation itself establishes the defendant's negligence, without requiring the plaintiff to prove that the conduct was unreasonable.

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The Most Commonly Violated FMCSA Regulations

Hours-of-Service (HOS) Violations

FMCSA's hours-of-service regulations limit how long commercial truck drivers can drive and work in a given day and week. The core rules for property-carrying drivers include:

• 11-Hour Driving Limit: A driver may drive a maximum of 11 hours after 10 consecutive hours off duty
• 14-Hour Window: A driver may not drive beyond the 14th consecutive hour after coming on duty
• 30-Minute Break: A driver must take a 30-minute break after 8 cumulative hours of driving
• 60/70-Hour Limit: A driver may not drive after 60/70 hours on duty in 7/8 consecutive days

Violations of these rules are among the most common — and most dangerous — in the trucking industry. Research by the FMCSA itself has found that the crash risk for commercial truck drivers increases substantially after the 8th hour of driving, and that fatigued driving is a contributing factor in approximately 13% of all large truck crashes.

Electronic Logging Device (ELD) Violations

Since the full implementation of the ELD mandate in December 2019, commercial truck drivers are required to use approved electronic logging devices to record their hours of service. ELD violations include:

• Failure to use an approved ELD
• Tampering with or disabling an ELD
• Falsifying ELD records
• Failure to transfer ELD data to law enforcement upon request

When an ELD violation is discovered in connection with a crash, it raises the inference that the driver was attempting to conceal hours-of-service violations — a powerful fact for a plaintiff's attorney.

Driver Qualification Violations

FMCSA regulations impose strict requirements on the hiring and qualification of commercial truck drivers. Motor carriers must verify that their drivers:

• Hold a valid Commercial Driver's License (CDL) for the vehicle type being operated
• Have passed a DOT physical examination within the past two years
• Have a satisfactory driving record, with no disqualifying convictions
• Have completed required training for the cargo type being transported
• Are not subject to any disqualification under federal or state law

When a carrier hires a driver with a history of HOS violations, DUI convictions, or other disqualifying factors, and that driver subsequently causes a crash, the carrier may face liability for negligent entrustment — entrusting a dangerous vehicle to an unqualified or dangerous driver.

Vehicle Maintenance Violations

FMCSA regulations require motor carriers to systematically inspect, repair, and maintain all commercial vehicles. Common maintenance violations that contribute to crashes include:

• Brake system defects (the most common out-of-service violation)
• Tire defects and improper inflation
• Lighting and reflective equipment failures
• Steering and suspension defects
• Cargo securement failures

When a crash is caused or contributed to by a maintenance defect, the carrier's maintenance records — including inspection reports, repair orders, and driver vehicle inspection reports (DVIRs) — become critical evidence.

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How to Access FMCSA Violation Data

The FMCSA's Safety and Fitness Electronic Records (SAFER) system provides public access to carrier safety data, including:

• Carrier registration and authority information
• Safety ratings and compliance review history
• Crash history
• Inspection results and violation data
• Insurance and financial responsibility information

The FMCSA's Compliance, Safety, Accountability (CSA) program scores carriers on seven Behavior Analysis and Safety Improvement Categories (BASICs), providing a comprehensive picture of a carrier's safety culture and compliance history.

An experienced trucking accident attorney will obtain and analyze this data as part of their initial investigation, looking for patterns of violations that may indicate systemic safety failures rather than isolated incidents.

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Negligence Per Se: Why Regulatory Violations Matter

In most personal injury cases, a plaintiff must prove that the defendant acted unreasonably under the circumstances. But when a defendant violates a statute or regulation designed to protect a class of people that includes the plaintiff, and the violation causes the type of harm the regulation was designed to prevent, many states apply the doctrine of negligence per se.

Under negligence per se, the regulatory violation itself establishes the breach of duty element of negligence — the plaintiff does not need to separately prove that the conduct was unreasonable. This can significantly simplify the liability analysis and strengthen the plaintiff's case.

For example, if a truck driver violates the 11-hour driving limit and falls asleep at the wheel, causing a crash, the HOS violation may constitute negligence per se — the violation of a federal safety regulation designed specifically to prevent fatigue-related crashes.

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Frequently Asked Questions

How can I find out if a trucking company has a history of safety violations? The FMCSA's SAFER system and CSA program data are publicly available at safer.fmcsa.dot.gov. An experienced trucking accident attorney can also obtain more detailed violation data through discovery in litigation.

What is a CSA score and why does it matter? A CSA (Compliance, Safety, Accountability) score measures a motor carrier's safety performance across seven categories. Carriers with poor CSA scores have a documented history of safety violations and may face increased scrutiny from regulators. In litigation, a poor CSA score can support an argument that the carrier had notice of systemic safety problems.

Can I sue a trucking company for punitive damages if they violated FMCSA regulations? In some cases, yes. When a carrier's violations are particularly egregious — such as knowingly allowing a fatigued driver to continue operating, or falsifying safety records — courts may award punitive damages in addition to compensatory damages. Punitive damages are designed to punish particularly reckless or intentional misconduct.