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What To Do If You've Been Involved In a Trucking Accident

DRIVERS RESPONSIBILITY / DUTY TO INSPECT

According to California state law and code of regulations, there are a number of duties that California truck drivers and tractor trailer drivers must follow.  Click here to read the entire California laws.  Below, an overview of these items includes:

Maximum Driving and On Duty Time
Drivers Record of Duty Status
Alcohol and Zero Tolerance
Drivers Fatigue
Vehicle Condition
Safety Inspection

Maximum Driving and On-Duty Time


Interstate drivers, intrastate bus drivers, and drivers of tank vehicle with a capacity of more than 500 gallons transporting flammable liquid may not:

  • Drive more than 10 hours following eight consecutive hours off duty; or
  • For any period after having been on duty 15 hours following eight consecutive hours off duty.

Intrastate truck drivers, may not:

  • Drive more than 12 hours following eight consecutive hours off duty; or
  • For any period after having been on duty 15 hours following eight consecutive hours off duty.

Click here to read more about the Maximum Driving Time for truckers.

Drivers Record of Duty Status:
Every motor carrier shall require every driver used by the motor carrier to record his/her duty status for each 24 hour period.  The information that must be recorded is as follows:

  • Date
  • Total Miles driving today
  • Bus, truck, tractor, and trailer number
  • Name of carrier
  • Drivers signature / certificate
  • 24 hour period starting time
  • Main office address
  • Remarks
  • Name of co-driver
  • Total hours
  • Shipping document number(s) or name of shipper and commodity

Alcohol Zero Tolerance
No person shall operate a commercial motor vehicle when that persons blood alcohol level is found to be 0.01% by weight, or greater.  No person shall be on duty or operate a commercial motor vehicle while the driver possesses and alcoholic beverage of not less than one-half of one per centum of alcohol by volume.

Driver Fatigue
No driver shall operate a motor vehicle, and a motor carrier shall not require or permit a driver to operate a motor vehicle, while the driver's alertness is impaired through fatigue, illness, or other cause.

Vehicle Condition - Daily Inspection and Written Reports by Drivers


Inspection:
Before driving a motor vehicle, the driver shall:

  • Inspect the vehicle daily to ascertain that it is in safe operating condition and equipment is in good working order.
  • Review the last vehicle inspection report.
  • Sign the report

Daily Report - Truck Drivers:
The following list excludes school bus drivers or publicly owned and operated transit system drivers:

  • Service brakes including trailer brake connectio
  • Parking hand brake
  • Steering mechanism
  • Lighting devices and reflectors
  • Tires
  • Horn
  • Windshield wipers
  • Rear vision mirrors
  • Coupling devices
  • Wheels and rims
  • Emergency equipment

Daily Report - School Bus Drivers :

  • All gauges, indicators, and warning devices
  • Horns
  • Driver's seat and seat belts
  • All doors, door emergency releases, and windows
  • All seats, handrails, and modesty panels
  • Interior and exterior lighting systems
  • All heating cooling and ventilating systems
  • All glass and mirrors, including adjustment of mirrors
  • Windshield wipers and washers
  • All required emergency equipment
  • All tires, wheels, and lug nuts
  • Brake system (including):
    • Air compressor governor cut in and cut out pressures
    • Static pressure for air loss
    • Applied brake pressure loss
    • Low air pressure warning devices
    • Emergency stopping systems
    • Parking brake
    • Antiskid device
    • Vacuum gauge, ensuring it reads not less than 15 inches
    • Low vacuum warning devices
    • Brake pedal for brake adjustment

If you have been involved in a California trucking collision, contact us today. Speak to Mr. Dolan, or one of our other highly-qualified trucking accident attorneysThe consultation is free.

A Premier California Truck Accident Law Firm

The Dolan Law Firm
1438 Market Street
San Francisco, CA  94102
Phone:  415.421.2800
Toll Free:  888.424.5352
Fax:  415.421.2832

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The Dolan Law Firm - Trucking Accidents