When a commercial truck, tractor-trailer, or big rig causes a crash, the legal principles that apply differ substantially from those governing an ordinary collision between two passenger cars. The biggest difference is that commercial trucks and the companies that operate them are bound by an extensive body of federal regulations issued by the Federal Motor Carrier Safety Administration, or FMCSA. A commercial driver and the carrier that employs him must comply not only with state and local traffic laws but with these federal safety rules as well. When a violation of those rules contributes to a crash, it can become central to an injury claim, and a Virginia Beach truck accident lawyer will examine compliance closely from the outset.
What Section 393 Requires
Among the most important of the federal regulations is 49 C.F.R. Part 393, titled “Parts and Accessories Necessary for Safe Operation.” This part sets out what equipment must be present and in proper working order on a tractor-trailer or big rig operating on interstate highways and local roads alike. Its purpose is direct: no carrier may operate a commercial motor vehicle, or permit one to be operated, unless it is equipped in accordance with the regulation’s requirements.
The rule covers a broad range of components, including braking systems, lamps and reflective devices, glazing, tires, wheels, steering, suspension, and cargo securement. In practical terms, Section 393 establishes the baseline condition a commercial vehicle must satisfy before it is entitled to be on the road at all.
Regrettably, too many trucking companies fall short of that standard in an effort to reduce costs. They dispatch big rigs and 18-wheelers without adequate inspection, or in a mechanical condition that fails to meet the mandates of Section 393. When a company defers maintenance to keep a truck earning revenue, it transfers the risk of that decision onto everyone else sharing the highway.
Defective Brakes and Section 393.40
Our attorneys have handled cases in which an 18-wheeler was operated with underinflated tires, outdated equipment, or defective brakes. Inadequate brakes on a vehicle of that size and weight present an especially grave danger and may constitute a violation of Section 393.40, which governs commercial vehicle braking systems.
That provision requires each commercial motor vehicle to be equipped with brakes adequate to stop and hold the vehicle, or the combination of vehicles, and to meet the applicable service, parking, and emergency brake system requirements set out in the regulation. A loaded tractor-trailer can weigh up to 80,000 pounds, and its stopping distance depends entirely on brakes that are properly maintained and correctly adjusted. When they aren’t, the consequences are often catastrophic.
In the FMCSA’s Large Truck Crash Causation Study, brake problems were identified in nearly 30 percent of the trucks involved in serious crashes, making defective brakes one of the most common vehicle-related factors in truck collisions. Many of those failures trace directly to the kind of neglected maintenance Section 393 exists to prevent.
Why a Regulatory Violation Matters to Your Claim
A Section 393 violation can significantly strengthen an injured person’s case. A documented breach of a specific federal safety standard provides concrete evidence of negligence, and it can be difficult for a carrier to explain away. Establishing such a violation, however, requires prompt and thorough investigation. Maintenance logs, inspection records, driver vehicle inspection reports, and the truck’s physical condition must be examined and preserved before that evidence can be altered or lost.
This is one reason truck accident claims require experience that an ordinary car crash case does not. Identifying which federal regulations apply, obtaining the carrier’s records, and connecting a specific equipment failure to the crash is detailed work. Our familiarity with these cases informs how we approach them. In one recent matter, we secured an $883,155 settlement for a client injured in a tractor-trailer crash on Interstate 264 in Virginia Beach. Results depend on the specific facts of each case, but an outcome of that kind reflects the careful development of evidence these claims require.
The larger point is one many people find genuinely surprising: some commercial trucks remain in service in remarkably poor condition, openly disregarding the federal rules meant to keep them safe. Holding a carrier accountable for that neglect protects not only the injured client but everyone who shares the road with these vehicles.
Talk to Us About Your Truck Accident
If you or a loved one has been injured by a commercial truck, tractor-trailer, or big rig, a Virginia Beach truck accident lawyer at Shapiro, Washburn & Sharp can determine whether a violation of federal safety regulations played a role and pursue the full compensation you may be owed. Contact us at 833-997-1774 for a free consultation with one of our dedicated Virginia Beach truck accident attorneys. We have offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and we are ready to put our experience to work for you and your family.