Truck Accidents - Hours of Service Violations

Semi-trailer trucks, referred to more commonly as 18-wheelers, pose a unique risk to other drivers on the road. These large vehicles can weigh as much as 80,000 pounds, or 40 times the weight of an average passenger car. They can therefore cause significant damage and serious injury or death if they cause or are involved in an accident. Truck drivers must use caution and follow all laws to ensure that they do not put other motorists in danger. When truck operators do not follow rules and behave negligently, they may be held liable for any accidents that they cause.

Driving While Tired

One particular truck hazard is the risk of a driver operating a semi-trailer truck while tired. Truck drivers who drive too many hours at a time without adequate rest have a much higher chance of causing a crash. To reduce this risk, the Federal Motor Carrier Safety Administration created Hours of Service regulations that limit how many hours a truck driver may work at once. However, sometimes drivers or trucking companies knowingly violate these rules and put other road users in danger.

A tired driver is slower to react to sudden changes on the road than a rested driver and also is less alert. Some truck drivers have even fallen asleep at the wheel. When a driver cannot safely operate a semi-trailer truck, he or she may lose control and veer off of the road, jackknife, or even cause a rollover accident. Unsuspecting motorists may suddenly find themselves in the truck's path of destruction and may be severely injured or even killed because of a negligent truck operator.

Accident Liability and Compensation

If you or someone you love has been hurt in a truck accident caused by a tired driver, you may have grounds to sue for an hours of service violation. The driver or truck company may be liable for the violation that led to your accident, and you may be entitled to financial compensation for your accident-related costs. An experienced truck accident lawyer can work with you to investigate your case and fight on your behalf for the compensation that you need to cover your medical bills, lost wages from time off of work, recovery costs, and pain and suffering.

For More Information

To learn more about truck accident lawsuits and injury liability, visit the website of the Bronx truck accident attorneys of Parker Waichman Alonso, LLP, today.

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Protecting Drivers - Trucking Hours of Service Regulations

Every day, drivers must share roads and highways with an increasingly large number of commercial trucks. 18-wheelers, semis, and other tractor-trailer trucks are now a common sight. Now more than ever, we might be concerned about the potential safety hazards posed by such heavy, unwieldy vehicles. The apprehension is only natural - the average fully loaded 18-wheeler can be many times larger and heavier than the average car. A collision between the two is completely one-sided.

Drivers aren't the only ones concerned about truck accidents; the federal government imposes very strict restrictions and regulations on the trucking industry - regulations aimed at ensuring the safety of those on the highway, including truck drivers themselves. While some laws set forth legal consequences which occur in the wake of an accident, most others are concerned with prevention.

One aspect of federal trucking laws are the Federal Hours of Service (HoS) Regulations. This set of laws is designed to reduce truck driver fatigue and allow (or force) them to get sufficient rest while on the job. Some studies show that as many as 1 in 10 truck drivers admit to driving while feeling drowsy. This creates significant safety hazards; sleep-deprived drivers have slower reaction speed, impaired judgment, and lack of coordination - symptoms comparable to intoxication.

HoS regulations have changed several times in recent years, and have been the subject of scrutiny by lawmakers, industry officials, and the courts. As they currently stand, HoS regulations are composed of three provisions:

The 11-hour limit states that, during the 14-hour window after a truck driver comes on duty, they may only operate a truck for 11 hours. The 14-hour window does not reset until a driver has completed 10 consecutive hours of off-duty time.

The 60/70-hour rule makes a distinction between the types of a company a driver might work for. If he is employed by a company which operates 6 days a week, he can only drive for up to 60 hours in a 7-day period. If he works for a company which operates 7 days a week, however, the limit is 70 hours in a 8-day period.

Finally, the 34-hour restart provision is a relatively new rule designed to avoid the long downtimes which occurred under previous incarnations of trucking law. It allows drivers to reset their 60/70-hour rule calculation period if they complete 34 consecutive hours off-duty.

Joseph Devine

To learn more about the laws which regulate the trucking industry and what effect they may have on you, visit the truck accident lawyers at http://www.truckaccident-lawyers.com

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