Truck Accident Lawyer Truck Accident Law Knowledge 2 — Questions and Answers
Question 1: Which federal agency primarily regulates interstate commercial trucking safety?
- FMCSA (Correct answer)
- OSHA
- EPA
- FAA
Correct answer: FMCSA
The Federal Motor Carrier Safety Administration (FMCSA) sets and enforces commercial trucking safety rules.
Question 2: Under the FMCSA Hours-of-Service rules, what is the maximum driving time for a property-carrying driver after 10 consecutive hours off duty?
- 8 hours
- 10 hours
- 11 hours (Correct answer)
- 14 hours
Correct answer: 11 hours
Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
Question 3: What legal doctrine can hold a trucking company liable for the negligent acts of its drivers committed within the scope of employment?
- Res ipsa loquitur
- Respondeat superior (Correct answer)
- Comparative negligence
- Assumption of risk
Correct answer: Respondeat superior
Respondeat superior makes employers vicariously liable for employees' negligence committed in the scope of employment.
Question 4: Which device records a commercial driver's duty status and driving hours electronically?
- ELD (Correct answer)
- EDR
- GPS jammer
- Tachometer
Correct answer: ELD
The Electronic Logging Device (ELD) automatically records driving time and hours-of-service compliance.
Question 5: A 'black box' on a commercial truck that captures speed, braking, and other data before a crash is called what?
- ECM/EDR (Correct answer)
- Bill of lading
- DVIR
- Logbook
Correct answer: ECM/EDR
The Engine Control Module / Event Data Recorder (ECM/EDR) stores key vehicle data useful in crash investigations.
Question 6: Why is preserving evidence quickly especially important in truck accident cases?
- Logs and ECM data can be overwritten or destroyed (Correct answer)
- Police never investigate trucks
- Insurance is unlimited
- Trucks have no records
Correct answer: Logs and ECM data can be overwritten or destroyed
Driver logs, ELD/ECM data, and maintenance records can be lost or overwritten, so a spoliation letter should be sent promptly.
Question 7: A letter demanding that a trucking company preserve relevant evidence is commonly called a what?
- Spoliation (litigation hold) letter (Correct answer)
- Demand letter
- Subrogation notice
- Cease and desist
Correct answer: Spoliation (litigation hold) letter
A spoliation or litigation hold letter requires the defendant to preserve evidence relevant to the claim.
Truck Accident Lawyer Truck Accident Law Knowledge 2
Which federal agency primarily regulates interstate commercial trucking safety?