Because of the risk of drowsy driving accidents, the Federal Motor Carrier Safety Administration (FMCSA) places limits on the number of hours commercial truck drivers can operate their vehicles. If a truck driver violated hours of service rules and drowsy driving may have played a part in a truck accident that injured you, you may be able to seek compensation for the damages you’ve sustained. An experienced truck accident lawyer from Salango Law, PLLC can help.
What Are the Hours of Service?
Hours of service refers to the FMCSA’s maximum amount of time commercial truck drivers can drive before they are required to take a break. These rules pertain to anyone driving a vehicle weighing 10,001 pounds or more in interstate commerce, transporting hazardous materials, or transporting nine or more passengers. If a truck driver violates these rules, they can face harsh penalties, including steep fines and being required to take the mandatory break.
Breakdown of Hours-of-Service Rules
The most common hours of service rules include:
- 14-hour rule: This rule states that truck drivers cannot be on duty for more than 14 consecutive hours. Once they have reached this limit, they cannot resume driving until they’ve taken a break for 10 consecutive hours.
- 11-hour rule: This rule states that drivers cannot drive more than 11 hours following a mandatory 10-hour break.
- 30-minute break rule: Under this rule, truck drivers must take a break of at least 30 minutes after driving for eight hours.
- 60/70-hour rule: Truck drivers can only be on duty for up to 60 hours in the span of seven consecutive days or 70 hours in a span of eight consecutive days.
- Sleeper berth rule: Drivers with a sleeper berth can sleep at least seven hours in the sleeper berth and another three hours off duty in or out of the berth.
These rules are designed to protect motorists who share the roads with truck drivers. If drivers violate these rules, they can cause accidents that result in fatalities and serious injuries.
Who Is Responsible for Truck Accidents Caused by Hours-of-Service Rule Violations?
All truck drivers subject to the hours-of-service rules are required to comply with them. If they fail to do so, they can be taken off the road and fined. However, trucking companies are also responsible for ensuring that truck drivers comply with these rules. Trucking companies must carefully monitor drivers to ensure compliance. They must also equip their trucks with electronic logging devices that automatically record the drivers’ time and breaks. However, sometimes, trucking companies encourage drivers to break these rules because the more hours truckers drive, the faster they can make deliveries, and the more money the trucking company stands to earn.
An experienced truck accident lawyer can investigate your case to determine whether these rules were violated and who was responsible. They can seek evidence to prove these violations, including demanding electronic logging device data, bills of lading, camera footage, and receipts for tolls, gas, and other expenses incurred on the journey.
Contact Our Skilled Truck Accident Lawyers for a Free Case Review
If you suspect fatigued driving could have played a role in your truck accident, turn to a legal team that has secured over $300 million for its clients. The truck accident lawyers at Salango Law, PLLC, are very familiar with hours-of-service rules and other state and federal trucking regulations. We can fight for the justice and accountability you deserve when trucking companies prioritize profits over safety. Call us today at (304) 342-0512.