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// 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 POTENTIAL

HOS 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.

Full hours of service violations claim guide

Driver Fatigue

PUNITIVE POTENTIAL

Fatigue 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.

Full driver fatigue claim guide

Overloaded or Improperly Loaded Trucks

PUNITIVE POTENTIAL

Weight 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.

Full overloaded or improperly loaded trucks claim guide

Brake Failure & Maintenance Violations

PUNITIVE POTENTIAL

Maintenance 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.

Full brake failure & maintenance violations claim guide

Distracted Driving

COMPENSATORY ONLY

Cell 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.

Full distracted driving claim guide

Drug & Alcohol Violations

PUNITIVE POTENTIAL

Post-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.

Full drug & alcohol violations claim guide

Improper Cargo Securement

COMPENSATORY ONLY

Both 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.

Full improper cargo securement claim guide

DATA LAST REVIEWED · AUGUST 2026 · PUNITIVE-DAMAGES AVAILABILITY VARIES BY STATE — SEE YOUR STATE PAGE.

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