Federal trucking industry regulations limit how much time truck drivers can spend on duty and actively driving. A driver who violates these regulations is more likely to become dangerously sleepy while behind the wheel, increasing the risk that they drift from their lane, fail to stop for traffic, or veer into the path of oncoming traffic. Consequently, a truck driver who had exceeded their hours limitations before a truck crash may be held legally liable for the resulting accident. If you’ve been hurt in a crash caused by a truck driver who committed hours-of-service violations, an experienced Charlottesville personal injury attorney from our firm can use evidence of those violations to support a claim against the driver and other at-fault parties.
What Are Hours-of-Service Rules for Truck Drivers?
The Federal Motor Carrier Safety Administration (FMCSA) issues rules that govern how long truck drivers can work. These rules include:
- Drivers may drive up to 11 hours after spending at least ten consecutive hours off duty.
- Drivers may not drive after the 14th consecutive hour on duty following an off-duty period of at least ten consecutive hours.
- Drivers must take a break of at least 30 minutes after driving a total of 8 hours without having taken a break of at least 30 minutes.
- Drivers may not drive after spending 60 hours on duty in 7 days or 70 hours on duty in 8 days, with these periods resetting after an off-duty period of at least 34 consecutive hours.
Federal regulations also require truck drivers to track their duty and driving hours via an electronic logging device.
How Hours-of-Service Violations Cause Truck Accidents
The federal hours-of-service (HOS) rules help reduce the risk of truck drivers driving drowsy or fatigued. When a fatigued truck driver drives while feeling tired or sleepy, they have a greater risk of making a mistake that leads to an accident. Fatigue and drowsiness can negatively affect a truck driver’s perception, reaction time, and judgment, or increase the likelihood of falling asleep behind the wheel, which can lead to serious truck accidents.
Unfortunately, truck drivers face enormous pressure to deliver cargo on schedule, which can lead some to disregard their legal driving limits. After a crash, drivers and trucking companies may try to conceal their violation of FMCSA hours-of-service rules by altering their logs.
Can Hours-of-Service Violations Affect Liability After a Crash?
Truck driver HOS violations can affect liability in a commercial truck accident. When investigating suspected truck driver fatigue accidents, parties may review the truck’s operational logs and the truck driver’s service records to determine whether the driver exceeded their maximum driving hours. A violation can provide compelling evidence that a truck driver caused a crash due to fatigue or sleepiness.
How a Virginia Truck Accident Lawyer Can Help
After a truck accident, an attorney can obtain the truck’s and the driver’s logs to determine if the driver had exceeded their service limits at the time of the crash and, if so, hold them liable for their actions. If you’ve been hurt because a truck driver broke the rules, contact Kendall Law Firm for a free consultation. An experienced Virginia truck accident lawyer will explain the role that a truck driver’s hours-of-service violations might play in helping you pursue compensation and tell you what we can do on your behalf.
