Trucking Regulations & Compliance Flashcards
6 cards from real Truck Accident Lawyer practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Trucking Regulations & Compliance flashcards as text
What is the 'Carmack Amendment' and how does it affect cargo damage claims in truck accidents?
Answer: A federal law that limits a carrier's liability for damaged cargo to the declared value and preempts most state law cargo claims
The Carmack Amendment governs interstate cargo liability and generally caps recovery at the cargo's actual value, preempting broader state tort claims for cargo damage.
Under the FMCSA's Electronic Logging Device (ELD) mandate, who is required to use an ELD?
Answer: Most commercial motor vehicle drivers required to maintain records of duty status (RODS)
Drivers required to keep hours of service records must use a certified ELD, which automatically records driving time and replaces paper logbooks.
What is 'independent contractor misclassification' in the trucking industry and why does it matter in accident litigation?
Answer: Calling a driver an independent contractor to avoid employer liability when the company controls their work like an employee
If a trucking company misclassifies an employee driver as an independent contractor, courts may still hold the company vicariously liable for the driver's negligence.
Which type of insurance coverage pays for damage to cargo or third-party property in a commercial truck accident?
Answer: Commercial general liability and cargo insurance
Trucking companies must carry commercial liability insurance for bodily injury and property damage, plus separate cargo insurance for goods in transit.
What FMCSA safety rating of 'Unsatisfactory' means for a commercial motor carrier?
Answer: The carrier has demonstrated it cannot safely operate and may be prohibited from operating in interstate commerce
An Unsatisfactory safety rating indicates the carrier lacks adequate safety management and may face an out-of-service order barring interstate operations.
Why is the shipper potentially liable in a truck accident involving cargo that was improperly loaded?
Answer: Shippers who load their own cargo have a duty to load it safely, and improperly secured loads can cause crashes
When a shipper loads cargo and it shifts, falls, or creates instability that causes a crash, the shipper may share liability for the resulting injuries.