Commercial vehicles weighing between 10,001 and 26,000 pounds — including most delivery vans, box trucks, and construction vehicles — are regulated by the Federal Motor Carrier Safety Administration (FMCSA). These regulations create specific duties that, when violated, constitute evidence of negligence in your accident case.
Key FMCSA Regulations
Hours of Service (HOS): Drivers must follow specific rest and driving time limits to prevent fatigue. Drug & Alcohol Testing: Pre-employment, random, and post-accident testing is required. Vehicle Maintenance: Systematic inspection and repair programs are mandatory. Driver Qualifications: CDL requirements, medical certifications, and background checks apply.
Why Violations Matter
If a delivery van driver caused your accident while exceeding hours of service limits, the driver and their employer violated federal law — and that violation is strong evidence of negligence. Similarly, failure to drug-test a driver post-accident, failure to maintain brakes, or employing a driver with a suspended CDL all create liability.
How We Use FMCSA Evidence
We subpoena the driver's qualification file, ELD data, vehicle maintenance records, drug and alcohol testing records, and the carrier's CSA safety score. These records often reveal a pattern of violations that establishes systematic negligence.
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