When evaluating liability in a car accident case, it is important to have knowledge of and access to the available tools — the rules of the road. There is the potential for negligence per se if a driver is speeding, failing to keep an assured clear distance or violating other Vehicle Code provisions. The introduction of a tractor-trailer or a bus into the accident adds even more "tools." There are hundreds of potentially applicable regulations, significantly different accident dynamics and evidence that may be lost or destroyed in short order. The important thing is to know where to look for the tools that might help in your evaluation.
Any driver of a tractor-trailer must have a special license that can only be obtained through special training — a commercial driver's license (CDL). In 1986, the federal government adopted the Commercial Motor Vehicle Safety Act of 1986. However, it was not until 1992 that drivers were required to have a CDL. In furthering the interest of safe driving of commercial motor vehicles (CMVs), the Federal Motor Carrier Safety Regulations (FMCSR) were adopted to identify the minimum standards required to be followed by commercial drivers and their employers.
