Commercial Motor Vehicles such as Tractor Trailers often break down while hauling goods on roads and highways in Missouri and surrounding states. When a semi breaks down, it can cause serious dangers to others vehicles on the road. It is not unusual for drivers to suffer serious injuries or death from colliding with a stalled or stopped tractor trailer.
One might ask – do I have a legal case for personal injury if I am injured after crashing into a semi that was stopped on the road? While most people might think the answer is “no,” sometimes the answer is “yes.” The attorneys at Muchnick Haber Margolis have represented individuals in wrongful death cases where a loved one was killed by colliding with the back of a trailer. How is that possible?
Commercial Motor Vehicles are required to follow rules that are designed to prevent collisions with vehicles that have mechanical problems on the road. These rules include those found in the Federal Motor Carrier Safety Regulations (FMCSRs) and various state laws. When these rules are followed, mechanical breakdowns can be prevented, and trucks will not end up stalled on the road. However, when these rules aren’t followed, the results are often tragic.
Some of the important rules and regulations that are designed to prevent mechanical failures of commercial motor vehicles involve inspections, duties of a motor carrier, duties of individual drivers, and specific guidelines regarding important parts of the tractor trailers.
Regulations found in the 49 CFR § 396 include those involving Inspection, Repair, and Maintenance such as:
General Requirements Found in 49 CFR § 396.3, which state:
- Every motor carrier must systematically inspect, repair, and maintain all motor vehicles subject to their control;
- Parts and accessories must be in safe and proper operating condition at all times; and
- Records of inspection, maintenance, and repairs must be retained for at least one year and for six months after the vehicle leaves the carrier’s control.
Regulations related to obligations of Drivers to inspect and keep records such as Driver Vehicle Inspection Reports (DVIRs) as set forth in 49 CFR § 396.11:
- Drivers must complete a Driver Vehicle Inspection Report (“DVIR”) at the end of each day’s work on each vehicle operated, noting any defects or deficiencies discovered by or reported to the driver that could affect the safety of operation or cause a mechanical breakdown; and
- A motor carrier, most often a trucking company, must repair any defect or deficiency listed on the DVIR that would be likely to affect the safe operation of the vehicle and certify that the repairs have been made.
Regulations related to Periodic Inspections of commercial vehicles such as those found in 49 CFR § 396.17 which require:
- Commercial motor vehicles to undergo an annual inspection that meets the Federal Motor Carrier Safety Administration’s standards; and
- Inspectors must be qualified and knowledgeable about the necessary inspection criteria.
Regulations found in Part 393 include those related to various parts of tractor trailers such as:
“Parts and Accessories Necessary for Safe Operation” – 49 CFR § 393:
- Brake Systems in parts §393.40 – §393.55, which include regulations mandating the proper functioning of all braking systems on a CMV, including service brakes, emergency brakes, parking brakes, and brake linings. These sections also include specific requirements that are provided for air brakes, hydraulic brakes, and other braking mechanisms;
- Lighting Devices and Reflectors in part 49 CFR §393.11, which state that commercial motor vehicles must be equipped with proper lighting devices and reflectors to ensure visibility. The regulations also includes the requirement that all lighting devices must be in working order and meet specific placement and performance criteria;
- Steering Mechanism regulations found in 49 CFR §393.209 such as the requirement that steering wheel lash (free play) is regulated to ensure proper control of the vehicle. Also, the steering system must be maintained in a condition that allows the vehicle to be easily steered; and
- Tire regulations found in 49 CFR §393.75. According to this section: (1) tires must have a minimum tread depth and be free from damage that could lead to failure and (2) retreaded tires are allowed under specific conditions, but regrooved tires are prohibited on the front wheels of buses and trucks.
Truck drivers also have various rules and regulations that apply to them known as Driver Responsibilities, including those found in 49 CFR § 392 and 396:
- Driver’s Inspection, 49 CFR §392.7: Before driving a vehicle, the driver must inspect certain parts and accessories to ensure they are in good working order. These parts include service brakes, parking brake, steering mechanism, lighting devices, tires, horn, windshield wipers, mirrors, and coupling devices; and
- “Unsafe Operations Forbidden,” 49 CFR §396.7: Operating a CMV in an unsafe condition is strictly prohibited. If a vehicle’s mechanical condition would likely cause an accident or breakdown, it must not be operated on the highway
Even though a mechanical problem isn’t always the fault of the driver, a tractor-trailer operator must still act carefully when deciding how he or she may continue to drive and where the vehicle can be stopped. A driver cannot continue to operate a vehicle on the highway it is hazardous to the public to permit it on the roadway, even if he or she is trying to make it to the next exit. If a driver does stop on a traveled portion of the highway or a shoulder, he must place warning devices behind his commercial motor according to 49 CFR § 392.22(b), which generally requires a driver to:
- Immediately turn on hazard warning system, including hazard lights;
- Place warning devices (flares or reflective warning triangles) in 3 locations within 10 minutes of pulling over; and
- Keep the warnings up until the truck leaves the shoulder in order to avoid a roadside collision.
The Federal Motor Carrier Safety Regulations set forth above establish a comprehensive framework to ensure that commercial motor vehicles are maintained in a safe operating condition which reduces the risk of mechanical failures that can lead to serious and catastrophic injuries. By adhering to these regulations, motor carriers and drivers can help ensure the safety of their operations and the overall safety of the roadways.
The St. Louis Trucking Accident Attorneys at Muchnick Haber Margolis have represented drivers who have been seriously injured by crashes caused by tractor-trailers stopped on the roadway on a highway shoulder. We have also helped families recover for the loss of loved ones who have been involved in fatal accidents leading to wrongful death cases in Missouri and Illinois. Please contact us if you or a loved one needs an attorney for a serious truck accident in Missouri.