// RESEARCH · FMCSA VIOLATIONS
Which violations move
the number.
Not every FMCSA violation affects a claim the same way. Some open the door to punitive damages; others mainly establish clear liability. Here's how the seven most common violation types actually function in a truck accident claim.
// ALL SEVEN VIOLATION TYPES
Hours of Service Violations
PUNITIVE POTENTIALHOS violations are documented in Electronic Logging Devices (ELDs). If a driver was over their hours at the time of your accident, this is powerful evidence of negligence — and can support a punitive damages claim if the company knew of the violation.
// TYPICAL INJURY SEVERITY
Driver Fatigue
PUNITIVE POTENTIALFatigue evidence transforms a standard negligence claim into one where punitive damages are possible. If the trucking company knowingly dispatched a tired driver, or pressured drivers to exceed hours, corporate liability is significantly expanded.
// TYPICAL INJURY SEVERITY
Overloaded or Improperly Loaded Trucks
PUNITIVE POTENTIALWeight tickets, bill of lading, and weigh station records can prove overloading. Both the carrier and the shipper who loaded the truck may be liable. Overloading combined with a brake failure creates a strong punitive damages case.
// TYPICAL INJURY SEVERITY
Brake Failure & Maintenance Violations
PUNITIVE POTENTIALMaintenance records and inspection logs are discoverable in litigation. If the company knew the brakes were defective and kept the truck on the road, punitive damages are well-supported. Third-party brake manufacturers may also have product liability exposure.
// TYPICAL INJURY SEVERITY
Distracted Driving
COMPENSATORY ONLYCell phone records are subpoenaed in distracted driving cases. Proof that a driver was texting or on a call at the time of impact is extremely damaging evidence. Dashcam and witness evidence supplement phone records.
// TYPICAL INJURY SEVERITY
Drug & Alcohol Violations
PUNITIVE POTENTIALPost-accident drug and alcohol testing results are discoverable. If the driver tested positive, or if testing was not conducted as required, punitive damages are strongly supported. The trucking company may face negligent retention claims if the driver had prior substance violations.
// TYPICAL INJURY SEVERITY
Improper Cargo Securement
COMPENSATORY ONLYBoth the carrier and the shipper who loaded the truck can be held liable for cargo securement failures. Securing evidence of the cargo state immediately after the accident is critical — debris is often cleared quickly.
// TYPICAL INJURY SEVERITY
DATA LAST REVIEWED · AUGUST 2026 · PUNITIVE-DAMAGES AVAILABILITY VARIES BY STATE — SEE YOUR STATE PAGE.
// NEXT STEP
Was a violation
involved in your crash?
// CONTINUE READING
- All FMCSA violation guides → — full detail, evidence checklists, and CFR citations for each.
- What is your case actually worth? → — published settlement and verdict data.