// FMCSA VIOLATIONS
FMCSA violations
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Federal trucking regulations exist to prevent crashes. When a carrier breaks them — and a crash follows — that violation becomes the spine of your negligence claim. Some violations also unlock punitive damages.
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// VIOLATION INDEX
The seven most common FMCSA violations.
Hours of Service Violations
49 CFR Parts 395 and 397
FMCSA Hours of Service (HOS) regulations limit how long a commercial driver may drive without rest.
Driver Fatigue
49 CFR Part 395 (HOS); 49 CFR 391.41 (driver fitness)
Fatigue impairs reaction time, judgment, and lane-keeping more severely than alcohol at certain blood alcohol levels.
Overloaded or Improperly Loaded Trucks
49 CFR Part 393 Subpart I; 23 USC 127 (federal weight limits)
Federal law limits commercial vehicle gross weight to 80,000 lbs on interstate highways (with exceptions for permits).
Brake Failure & Maintenance Violations
49 CFR Part 393.40-393.52 (brakes); 49 CFR Part 396 (vehicle inspection)
FMCSA regulations require trucking companies to inspect, repair, and maintain brakes on all commercial vehicles.
Distracted Driving
49 CFR 392.82 (hand-held mobile devices); 49 CFR 392.80 (texting)
FMCSA prohibits commercial drivers from using hand-held mobile phones or texting while driving.
Drug & Alcohol Violations
49 CFR Part 382 (controlled substances and alcohol); 49 CFR 391.41
FMCSA mandates pre-employment, random, post-accident, and reasonable suspicion drug and alcohol testing for CDL holders.
Improper Cargo Securement
49 CFR Parts 393.100-393.136 (cargo securement standards)
FMCSA requires cargo to be firmly immobilised or secured to prevent it from shifting, leaking, or falling.
// EXPLORE RELATED GUIDES
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Truck accident laws by state
Statutes of limitations, fault rules and damage caps for all 50 states + DC.
Claims by carrier
Amazon, FedEx, UPS, Walmart, USPS, Werner, J.B. Hunt, Swift, Schneider, Old Dominion.
Claims by injury type
Catastrophic, serious and moderate injury claims — TBI, spinal cord, burns, fractures, PTSD.