The Federal Motor Carrier Safety Administration has many regulations in place aimed at reducing the risk of truck crashes. Hours-of-service rules are some of the most important of those regulations.
These rules are aimed at ensuring truck drivers do not drive for too long, which increases the risk of driver fatigue or distraction and makes a collision more likely to occur.
If you or someone you love was involved in a truck crash, you must understand the FMCSA rules and know when hours of service violations occurred. If a driver violated these important rules, this can create a presumption of negligence that makes proving your claim easier.
Drafahl Law Firm will work with you to subpoena driver records, to evaluate security video and black box data, and to gather the other evidence needed to determine if a violation occurred — and to prove it if it did. Give us a call today to schedule your free consultation and learn more about how a St. Louis truck accident lawyer can help you.
What are Hours of Service Violations?
FMCSA regulations impose limits on consecutive hours driven, hours driven over seven days, and hours driven before a driving break is required. Here are the specific guidelines that are in place for property-carrying drivers (the rules differ for passenger-carrying drivers)
- Drivers can drive a maximum of 11 hours after 10 consecutive hours off duty
- Drivers can’t drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty
- Drivers who have driven for at least eight cumulative hours without at least a 30-minute break must take 30 consecutive minutes of break time. The break time can be satisfied by any 30 minutes of non-driving time
- Drivers are not allowed to drive more than 60 or 70 hours on duty in a consecutive seven or eight-day period. Drivers can restart the seven or eight-day period after they have taken 34 or more consecutive hours off duty
- Drivers can split their required 10 hours off-duty period as long as one off-duty period is at least two hours long and the other involves at least seven consecutive hours spent in the sleeper berth.
- Drivers may extend the 11-hour maximum driving limit and the 14-hour driving window by up to two hours if they encounter adverse driving conditions
These regulations can be complicated, so you need to make sure your truck accident lawyer has strong familiarity with them so your attorney can determine if a violation occurred.
Proving Hours of Service Violations
Being able to prove an hours of service violation is important because if you can show this regulation was violated and this violation was the direct cause of your collision, you can hold the truck driver, and often the trucking company, liable for your losses.
An experienced St. Louis truck accident lawyer knows how to gather the necessary proof, including electronic logging devices, driver logs, GPS data, cellular phone data, and even driver receipts for food and gas. With the right attorney subpoenaing evidence and gathering information, you can make a strong claim
Getting Help from a St. Louis Truck Accident Lawyer
Many FMCSA regulations apply to truckers, including hours of service regulations, truck maintenance record requirements, driver training requirements, and more. You need a skilled and experienced truck accident attorney who knows these rules inside and out to help you put together a strong claim.
Contact Drafahl Law Firm today to get a dedicated advocate on your side and maximize your chances of getting the full and fair compensation you deserve when a truck crash has changed your life.