Danger On Our Roads
A BLOG AND NEWS ON TRUCKING IN FLORIDA

Hours of Service Violations and Trucking Accidents

Hours of Service Violations and Trucking AccidentsThere are many different causes of trucking accidents on the roads today. Errors made on the part of truck drivers themselves are the primary cause of a majority of trucking accidents. Any time that a truck driver is impaired, whether it’s due to sleep deprivation, alcohol, using prescription medication, or just being distracted, can lead to a major vehicle accident. Sometimes truck drivers take needless risks or make poor judgements and compromise the safety of others on the road.

Unfortunately far too many truck drivers also drive their vehicles too fast, improperly load cargo, or can even depower the front brakes and increase their chances of being involved in an accident.

If you have recently been involved in an accident that appears to have been caused by an 18 wheeler, getting legal advice as soon as possible is strongly recommended. The behavior of the driver should certainly be a component of your accident investigation. You may also find that the role played by the trucking company is important. The trucking company for example may also hold some liability in your legal claim.


When Liability Matters


If they allowed an impaired or an incompetent driver on public roads and put the safety of others at risk, they may be held liable in addition to the truck driver. Furthermore, there are many complex federal rules associated with regulating the trucking industry. This is largely due to the fact that many behaviors were leading to trucking accidents and the federal government responded by stipulating rules and regulations that limit how long truck drivers can be on the road, and how much rest they need to receive between stops.


Why Regulations Exist

The primary purpose of many of these regulations is to minimize the number of trucking accidents on the road and ensure that truck drivers behind the wheel have the best possible chance at paying attention and being alert and refreshed at all times. Drivers of large trucks are more than 10 times likelier to be the cause of an 18 wheeler accident. This is in comparison to other factors like vehicle performance, weather, or road conditions, according to research conducted by the Federal Motor Carrier Safety Administration. Unfortunately an alarming number of truck drivers also engage in dangerous behavior to begin with. That increases their chances of both being involved in an accident and of wreaking havoc in the event that an accident happened.

According to that study,

– Nearly 20% of truck driving accidents were as a result of the driver being fatigued, the road, and weather.

– More than 40% of truckers involved in accidents were taking …

Federal Hours of Service Rules

Federal regulations frequently refer to rest and sleep so as to drive safely. Truck drivers are only eligible to work a maximum hours. Prior to starting a shift, a truck truck driver has to be off duty and not working for at least ten consecutive hours.

If you were recently involved in an accident where you believe that the driver failed to react appropriately, or that he or she fell asleep behind the wheel, it is important to determine whether or not there was any violation in the hours of service rules. In order to prove that a trucking company violated any hours of service regulation, ask to receive a duplicate of the truck driver’s logs. Truck drivers logs are mandated by federal law and explain how much time a driver spent on the road.

If you can illustrate that there is reason to believe that the truck driver violated hours of service rules, you may be able to more easily illustrate negligence in a case. If there are clues that the driver’s logs are inaccurate or missing, bills of lading, and trip tickets can also help to illustrate how much time the driver spent behind the wheel. The trucking company should also be involved in monitoring the hours of service for its truckers. If you have recently been involved in a trucking accident, getting help for your injuries is important.

Do not wait to get help; filing a lawsuit today may help you recover compensation for serious injuries.

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