FMCSA Mulls New Safety Law

In 2022, the Federal Motor Carrier Safety Administration began soliciting comments on its proposed speed limiter mandate.

Earlier in 2023, the Cullum Owings Large Truck Safe Operating Speed Act was introduced, which would require speed limiters in most large trucks. Around the same time, the American Trucking Association endorsed a plan to require speed limiters on commercial vehicles heavier than 26,000 pounds. In a statement, the Owner-Operator Independent Drivers Association expressed its opposition to speed limiters.

These gadgets, which are connected to the truck’s speedometer, prevent drivers from traveling over a pre-set speed.

First Party Liability in Truck Wreck Claims

The speed limiter mandate may be more controversial than the Electronic Logging Device mandate, which went all the way to the Supreme Court. ELDs measure HOS (hours of service) compliance. The statistics are quite clear about the connection between fatigue and unsafe driving.

For example, if Trucker Steve has to slow down for traffic, shouldn’t he be able to speed up and make up time when traffic thins out? On a similar note, there’s a big difference between slight excessive speed at 3 a.m. and slight excessive speed at 3 p.m. These types of scenarios raise questions that truck accident attorneys might face when dealing with cases involving speed-related incidents in trucking.

Nevertheless, there’s no denying the fact that large truck speed is a serious safety issue because stopping distance for a large truck traveling at 60 Mph is over 300 feet which is almost as longer than a football field.

Speed also increased the force in a collision. Some serious speed-related injuries in large truck crashes include:

• Serious Burns: Large trucks often carry hundreds of gallons of diesel fuel. SInce diesel burns at a different temperature from gasoline, the resulting fire usually causes third-degree burns. These injuries almost always require expensive and painful skin grafts.
• Broken Bones: The incredible amount of force in a large truck wreck usually shatters bones, especially arm and leg bones. Since doctors typically use metal parts to reconstruct these bones, the victims must undergo extensive physical therapy to regain lost functions.
• Head Injuries: Airbags effectively reduce head injuries in relatively low impact crashes, like a Toyota vs. a Toyota. But no airbag, or any other restraint system, can absorb the force in a Mack truck vs. passenger car collision. Doctors can treat head injury symptoms, but the injury itself is permanent.
• Spinal Cord Injuries: High-impact collisions involving trucks can cause severe spinal cord injuries. These injuries often result in paralysis, loss of sensation, and bowel and bladder dysfunction. The long-term consequences can be devastating, affecting both physical and emotional well-being.

A Los Angeles personal injury attorney leverages cutting-edge legal strategies to secure compensation for victims of severe injuries. Beyond medical costs, they pursue damages for emotional distress and other intangible losses.

Third Party Liability

When truck drivers cause accidents due to negligence, they are legally accountable. In most cases, the employer—whether it’s a shipping, transportation, or logistics company—bears the financial responsibility. The respondeat superior doctrine holds employers liable if the driver was engaged in their work duties during the accident.

Respondeat superior is good and bad. The aforementioned injuries are so severe that many individual drivers don’t have enough insurance coverage to pay fair compensation. Fortunately, most truck companies have deep pockets. However, most shipping companies are out-of-state conglomerates with gaggles of lawyers. So, these claims are quite complex. Injury victims are usually entitled to significant compensation.For a free consultation with experienced truck accident attorneys in Los Angeles, contact the Law Offices of Eslamboly Hakim. We don’t charge upfront legal fees in these matters.

Image credit: Photo by Esteban Zapata on Unsplash