Commercial Truck Accidents and Hours of Service Violations

Sep 16, 2019 — by Guy Regev
Tags: Truck Accidents

Commercial Trucks Passing One AnotherFatigue can affect a commercial truck driver’s ability to safely operate a truck. Reduced alertness and slow reaction times on the part of the driver can lead to serious accidents.

Hours of Service (HOS) regulations were designed to prevent these scenarios. If you were injured in an auto accident, you may be able to obtain compensation for your injuries. The attorneys at Zucker & Regev in Brooklyn, NY will investigate your case to determine if HOS rules were violated and hold the responsible party accountable for their actions. Learn more about commercial truck accidents and hours of service violations.

Hours of Service Regulations Explained

The nature of the trucking industry is to push drivers to the limit. That way more loads can be delivered in less time. The problem is that driver fatigue is a common result of this mentality, putting everyone, including the driver, at risk.

To prevent overtired operators from causing accidents, The Federal Motor Carrier Safety Administration (FMCSA) set forth Hours of Service regulations to limit the number of hours truck drivers can spend behind the wheel.

Commercial truck drivers carrying property:

  • Are not permitted to drive more than 11 hours after 10 hours spent off duty
  • May not drive in excess of 14 hours following 10 consecutive hours off duty
  • Cannot drive at all if they have driven more than 60/70 hours over a 7/8-day period

Commercial truck drivers carrying passengers:

  • Are permitted to drive as many as 10 hours after 8 hours off duty
  • Cannot drive after 15 hours spent on duty, following 8 consecutive hours on break
  • May not drive if they have driven more than 60/70 hours over 7/8 consecutive days

Determining if a Commercial Truck Driver Was in Violation of HOS Regulations

Commercial trucking companies are required to maintain records of their drivers’ hours to prove that they are in compliance with HOS rules.

To determine whether or not HOS violations were a contributing factor in your accident, a car accident attorney may request the following information:

  • Company logbooks
  • Electronic records
  • GPS records
  • Pre- and post-trip inspection records
  • Receipts from rest areas and gas stations
  • Time stamped pick-ups and deliveries

By gathering this information, a car accident attorney can build a case against the trucking company or the truck driver.

How to Recover Compensation for Your Injury

Sadly, commercial truck accidents resulting from driver fatigue are entirely preventable. If you were the victim in an accident involving a commercial vehicle and the driver broke HOS regulations, you could be entitled to significant compensation for your injury.

For a claim to be successful, it must be demonstrated that the responsible party’s negligence caused your accident and that your injury or losses were a direct result. The attorneys at Zucker & Regev understand HOS regulations and will investigate your case to determine if these regulations have been violated.

Contact an Auto Accident Lawyer

If you were injured in a commercial truck accident, contact the attorneys at Zucker & Regev. We will fight to secure the maximum compensation on your behalf while you focus on healing. Contact us online or by calling (718) 624-1211 today.

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