Federal Trucking Safety Violations Behind Atlanta Truck Crashes
Commercial trucks are governed by detailed federal safety rules. Here is what those rules require, what records carriers must keep and why acting quickly matters after an Atlanta truck crash.
4.9 · 500+ Google reviews
Free, confidential review
$0 upfront cost
Hablamos Español
Buckhead & Norcross offices
Free Case Review
Talk to Our Team Today
A real attorney will respond. Your information is 100% confidential.
Confidential · No obligation · No fee unless we recover for you
Interactive checklist
Evidence to Preserve After a Truck Crash
Federal safety rules create records. Many can be lost if no one asks early.
Why it matters
It is usually on the cab door and ties the truck to its safety record.
Why it matters
Photos show damage, cargo and road conditions.
Why it matters
Witnesses can describe the truck’s speed and lane changes.
Why it matters
Logs show whether the driver broke federal driving limits.
Why it matters
Electronic data can be overwritten.
Why it matters
It may note violations or citations.
Why it matters
Brake and tire problems can point to company responsibility.
Why it matters
A free review can help you act before key evidence is gone.
General information, not legal advice. Every case is different.
4.9 / 5
500+ Google reviews
Millions
Recovered for Georgians
$0
Unless we recover for you
2 Offices
Buckhead & Norcross
Overview
Why Federal Safety Rules Matter After a Truck Crash
Tractor-trailers move through Atlanta around the clock on I-75, I-85, I-20 and I-285. Trucks and the companies that run them are subject to the Federal Motor Carrier Safety Regulations (FMCSRs), a detailed set of rules published by the Federal Motor Carrier Safety Administration (FMCSA) in Title 49 of the Code of Federal Regulations. Generally, these rules cover vehicles used in interstate commerce with a gross weight or weight rating of 10,001 pounds or more (49 C.F.R. § 390.5).
A rule violation does not automatically decide who is at fault. But the rules set a baseline for how drivers and carriers are expected to operate, and a violation can be important evidence. It can also point beyond the driver to company decisions about hiring, scheduling, supervision and maintenance.
For an overview of truck accident claims, see our Atlanta truck accident lawyer page.
On this page
Talk to an Attorney Today
Free case review. No fee unless we recover for you.
Call 888-BIG-GUNNRequest a Free Case ReviewGeorgia Applies These Rules to Intrastate Trucks, Too
The Georgia Department of Public Safety has adopted most of the FMCSRs, including 49 C.F.R. Parts 382, 383, 387 and 390 through 397, as the minimum safety requirements for motor carriers operating in Georgia, and applies them to intrastate operations. Georgia has some state-specific modifications. For example, drivers operating only in intrastate commerce may be 18 rather than the federal minimum of 21.
Hours of Service: The Fatigue Rules (49 C.F.R. Part 395)
Fatigue is a serious safety risk for anyone driving a fully loaded tractor-trailer. Hours-of-service rules limit how long a property-carrying driver may drive and work (49 C.F.R. § 395.3).
The 11-Hour Driving Limit
A driver may drive a maximum of 11 hours after 10 consecutive hours off duty.
The 14-Hour Window
A driver may not drive beyond the 14th consecutive hour after coming on duty following 10 hours off. Off-duty breaks generally do not extend the window.
The 30-Minute Break
A driver must take a 30-minute break after driving for 8 cumulative hours without at least a 30-minute interruption. The break can be off duty, in the sleeper berth or on duty but not driving.
The 60/70-Hour Limit
A driver may not drive after 60 hours on duty in 7 consecutive days, or 70 hours in 8 consecutive days if the carrier operates every day of the week. A driver can restart the period by taking 34 or more consecutive hours off duty.
Exceptions to Know About
The rules include a split sleeper-berth option, an extension of up to 2 hours for adverse driving conditions and a short-haul exception for drivers who stay within a 150 air-mile radius and return within 14 hours.
Separately, 49 C.F.R. § 392.3 prohibits driving while a driver’s alertness is impaired by fatigue or illness, and prohibits a carrier from requiring or permitting it. A driver can be within the hour limits and still be too tired to drive safely.
4.9 · 500+ Google reviews
“Alexis and Landon were amazing! They communicated very well throughout the process and took really good care of me.”
— Steffon M., Google review
4.9 · 500+ Google reviews
“I had an excellent experience with Gunn Law Group. Landon and Laura were both great — professional, knowledgeable, and truly dedicated to helping their clients.”
— Itoo B., Google review
Electronic Logging Devices and Supporting Documents
Most carriers must use electronic logging devices (ELDs) to record drivers’ duty status (49 C.F.R. § 395.8(a)). Narrow exceptions include drivers who need logs on no more than 8 days in any 30-day period, driveaway-towaway operations and vehicles with engines older than model year 2000.
ELD data is often compared with “supporting documents” that carriers must keep under 49 C.F.R. § 395.11, including bills of lading, dispatch and trip records, expense receipts, fleet communication messages and payroll or settlement records. When those records do not line up with the logs, it can reveal hours that were not recorded. Carriers must keep records of duty status and supporting documents for at least 6 months (49 C.F.R. § 395.8(k)).
Driver Qualification and Hiring (49 C.F.R. Part 391)
Carriers are responsible for who they put behind the wheel. Each driver must have a driver qualification file (49 C.F.R. § 391.51) that includes:
- The driver’s employment application
- Motor vehicle records from each state licensing authority, plus an annual driving record inquiry and review
- A road test certificate or an accepted equivalent
- The driver’s medical examiner’s certificate and related verification
The file must be kept for as long as the driver is employed and for three years afterward, though some items may be removed three years after they were created. Carriers must also keep safety performance histories from a new driver’s prior employers (49 C.F.R. § 391.53) and must check the FMCSA Drug and Alcohol Clearinghouse before hiring a driver and at least once a year after that (49 C.F.R. § 382.701). Gaps in these records can support claims that a carrier was negligent in hiring, retaining or supervising a driver.
Drug and Alcohol Rules (49 C.F.R. Part 382 and Part 392)
Commercial drivers are held to stricter alcohol and drug rules than other motorists.
Alcohol Limits
A driver may not report for or remain on duty in a safety-sensitive function with an alcohol concentration of 0.04 or greater (49 C.F.R. § 382.201). A driver who tests from 0.02 to less than 0.04 must be taken off duty for at least 24 hours (§ 382.505). Drivers may not use alcohol within 4 hours before going on duty (§ 392.5).
Drugs
Drivers may not be on duty while using or under the influence of controlled substances or other substances that make them unable to drive safely (49 C.F.R. § 392.4).
Post-Crash Testing
After a crash involving a death, carriers must test the driver. Testing is also required when the driver receives a citation and someone is treated for injuries away from the scene, or a vehicle must be towed due to disabling damage (49 C.F.R. § 382.303). Alcohol tests should be done within 2 hours, and attempts stop after 8 hours. Drug tests must be done within 32 hours.
Inspection, Repair and Maintenance (49 C.F.R. Part 396)
Carriers must systematically inspect, repair and maintain their vehicles and keep records of that work (49 C.F.R. § 396.3). Drivers must prepare a written inspection report when they find or are told about a defect (§ 396.11), and before driving, must be satisfied the vehicle is in safe operating condition (§ 396.13). Each vehicle must also pass a periodic (annual) inspection, and the report must be kept for 14 months (§ 396.21).
Call the Big Gunn
888-BIG-GUNNCargo Securement (49 C.F.R. Part 393)
Federal rules require cargo to be firmly immobilized or secured (49 C.F.R. § 393.106(b)), and the combined working load limit of the tiedowns must be at least half the weight of the cargo being secured (§ 393.106(d)). When a load was improperly secured, the company that loaded the trailer may be another party to investigate.
Distracted Driving
Commercial drivers may not text while driving (49 C.F.R. § 392.80) or use a hand-held mobile phone while driving (§ 392.82). Carriers may not allow or require it.
The Carrier’s Safety Record: SMS, CSA and the Company Snapshot
Anyone can look up a carrier by USDOT number, MC number or name on FMCSA’s free SAFER Company Snapshot, which shows safety rating status, roadside inspection and out-of-service summaries and crash information. FMCSA’s Safety Measurement System (SMS), part of its CSA program, groups inspection and crash data into categories called BASICs, such as Unsafe Driving, Hours-of-Service Compliance and Vehicle Maintenance. For property carriers, federal law keeps some SMS results, including the Crash Indicator and Hazardous Materials Compliance categories, from public view. FMCSA has also approved a revised SMS methodology that reorganizes these categories, so how the data is displayed may change.
Carriers must also keep an accident register listing crashes, injuries and fatalities for 3 years (49 C.F.R. § 390.15).
Insurance Minimums for Commercial Trucks (49 C.F.R. Part 387)
Federal rules set minimum liability coverage for interstate motor carriers (49 C.F.R. § 387.9):
| Type of Cargo (Vehicles 10,001+ lbs) | Federal Minimum |
|---|---|
| General freight (nonhazardous property) | $750,000 |
| Oil and certain hazardous materials | $1,000,000 |
| Certain higher-risk hazardous materials in bulk | $5,000,000 |
These are minimums; some carriers carry more, and intrastate carriers are subject to Georgia’s own requirements. Georgia law has also changed how insurers can be named in a lawsuit. For crashes on or after July 1, 2024, a motor carrier’s insurer generally can be joined in the suit only if the carrier is insolvent or bankrupt, or if the driver or carrier cannot be served after reasonable diligence (O.C.G.A. §§ 40-1-112 and 40-2-140, as amended by SB 426).
Georgia’s 2025 tort reform (SB 68) also applies to truck cases. Among other changes, evidence that an occupant was not wearing a seat belt may now be admitted (O.C.G.A. § 40-8-76.1), and any party may ask for fault and damages to be tried separately (O.C.G.A. § 51-12-15).
How Long Trucking Companies Must Keep Key Records
Many required records only have to be kept for a limited time, after which they may be discarded unless the company has a duty to preserve them.
| Record | Minimum Retention | Rule |
|---|---|---|
| Records of duty status (ELD logs) and supporting documents | 6 months | 49 C.F.R. § 395.8(k) |
| Driver vehicle inspection reports | 3 months | 49 C.F.R. § 396.11 |
| Inspection, repair and maintenance records | 1 year where the vehicle is housed or maintained, and 6 months after it leaves the carrier’s control | 49 C.F.R. § 396.3(c) |
| Periodic (annual) inspection reports | 14 months | 49 C.F.R. § 396.21 |
| Driver qualification file | Length of employment plus 3 years | 49 C.F.R. § 391.51 |
| Negative drug tests and alcohol tests below 0.02 | 1 year | 49 C.F.R. § 382.401 |
| Positive drug tests and alcohol tests of 0.02 or greater | 5 years | 49 C.F.R. § 382.401 |
| Accident register | 3 years | 49 C.F.R. § 390.15 |
Other key evidence, such as dash camera video and engine control module data, is not covered by these federal retention rules and may be overwritten on the company’s own schedule.
Some of the most important records in a truck case may be kept for only months.
Preserving Evidence With a Spoliation Letter
In Phillips v. Harmon (2015), the Georgia Supreme Court held that a party’s duty to preserve relevant evidence arises when litigation is reasonably foreseeable to that party, not only once a lawsuit is filed. A spoliation (preservation) letter puts the carrier on clear notice and identifies what must be kept.
1
Identify Everyone Involved
The driver, the motor carrier, the owner of the tractor and trailer, the company that loaded the cargo and any maintenance vendor may each hold evidence.
2
Send Preservation Letters Quickly
Letters should list ELD and GPS data, dispatch and fleet messages, driver qualification and drug testing files, maintenance and inspection records, dash camera video and engine control module data.
3
Protect the Physical Evidence
Ask that the truck and trailer not be repaired, sold or scrapped until they can be inspected and their electronic data downloaded.
4
Gather Public Records
Get the police crash report and check the carrier’s FMCSA Company Snapshot. Our guide to reading a Georgia crash report explains the codes.
5
Use Formal Discovery
Once a lawsuit is filed, the company can be required to produce records and answer questions under oath.
Keep Georgia’s filing deadline in mind: most injury claims must be filed within two years (O.C.G.A. § 9-3-33). See our guide to Georgia personal injury deadlines. If a crash took a life, our guide to how Georgia values a wrongful death claim explains the family’s rights.
FAQ
Frequently Asked Questions
Search the carrier’s USDOT number, MC number or name on FMCSA’s free SAFER Company Snapshot. It shows safety rating status, inspection and out-of-service summaries and crash information. Some Safety Measurement System results for property carriers are not public, and more detailed records usually come out through the claim or lawsuit.
Federal rules require carriers to keep records of duty status, including ELD records, and supporting documents for at least 6 months (49 C.F.R. § 395.8(k)). After that, they may be discarded unless the company has a duty to preserve them, which is why preservation letters should go out quickly.
No. A violation does not by itself prove that it caused the crash. But it can be strong evidence of fatigue or unsafe practices, and it can support claims about how the company scheduled, supervised or trained its drivers.
Largely, yes. The Georgia Department of Public Safety has adopted most of the Federal Motor Carrier Safety Regulations and applies them to intrastate carriers, with some state-specific differences, such as allowing intrastate drivers to be 18.
For interstate carriers hauling general freight in vehicles of 10,001 pounds or more, the federal minimum is $750,000. The minimum rises to $1,000,000 for oil and certain hazardous materials and to $5,000,000 for certain higher-risk hazardous materials (49 C.F.R. § 387.9). Intrastate carriers are subject to Georgia’s own requirements.
For crashes on or after July 1, 2024, generally not. Georgia law now allows the motor carrier’s insurer to be joined only if the carrier is insolvent or bankrupt, or if the driver or carrier cannot be served after reasonable diligence (O.C.G.A. §§ 40-1-112 and 40-2-140).
It is a written notice asking a trucking company and others to preserve specific evidence, such as ELD data, dash camera video, maintenance records and the truck itself. Under Georgia law, the duty to preserve evidence can arise once litigation is reasonably foreseeable, and a clear letter helps remove any doubt about that.
Talk to an Atlanta Truck Accident Lawyer Before Key Records Disappear
If you or someone you love was hurt in a truck crash in Atlanta or anywhere in Georgia, The Gunn Law Group can review what happened, help preserve the evidence and explain your options. We have offices in Buckhead and Norcross, there is no attorney fee unless we recover for you, and hablamos español. Call 888-BIG-GUNN (888-244-4866) for a free, no-obligation consultation.
Visit or call
Two Offices Serving All of Georgia
We represent injured people throughout Metro Atlanta and across Georgia, with free consultations by phone, by video or in person. Hablamos español.
Atlanta Office (Buckhead)
950 E. Paces Ferry Rd NE, Suite 1550
Atlanta, GA 30326
Monday–Friday, 9:00 AM – 6:00 PM
Call Buckhead: 770-800-0945Norcross / Gwinnett County Office
5955 Jimmy Carter Blvd, Suite 149
Norcross, GA 30071
Monday–Friday, 9:00 AM – 6:00 PM
Call Norcross: 678-200-0273Attorney advertising. This page is a communication from The Gunn Law Group, 950 E. Paces Ferry Rd NE, Suite 1550, Atlanta, GA 30326. Responsible attorney: Harrell Gunn. The information on this page is general information, not legal advice, and contacting us does not create an attorney-client relationship. Past results and client reviews do not guarantee a similar outcome; every case depends on its own facts. “No fee unless we recover for you” refers only to fees charged by the attorney. Court costs and other additional expenses of legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases. Privacy Policy · Disclaimer · Terms
Free attorney help
We can help preserve the evidence.
We can help you ask the trucking company to keep its logs, black-box data and video. Free case review, no attorney fee unless we recover for you.
