How Can Hours of Service Regulations Affect Your Truck Accident Case?

Truck accidents can be destructive to the victim and their family, causing severe injuries and long-term emotional and financial burdens.

It’s worse when you realize that this accident could have been avoided by just following a few rules. We are talking about the HOS Regulations here. In these truck accident cases, hours of service (HOS) regulations could play an important role.

If you are not aware of what HOS regulations are, we will explain them to you. These regulations are designed to prevent truck driver fatigue, which is a leading cause of truck accidents.

So, let’s see what exactly these rules are and how can they impact your claim.

What Are Hours of Service Regulations?

The Federal Motor Carrier Safety Administration (FMCSA) has specified a few HOS rules to make sure that commercial truck drivers do not get exploited by their employers in the name of meeting tight deadlines.

With the HOS rules in place, the drivers get enough rest before hitting the road. Without these rules in place, drivers will be forced to work under unhealthy and dangerous conditions, which lead to dosing off behind the wheel or lack of focus, leading to accidents.

These rules apply to property-carrying and passenger-carrying truck drivers and set strict limits on driving hours. Let’s take a quick look at the FMCSA regulations –

For Property-Carrying Drivers-

• 11-hour driving limit – Drivers can drive their vehicles for a maximum of 11 hours after taking 10 straight off-duty hours for resting.
• 14-hour on-duty limit – Drivers cannot surpass 14 hours on duty following a 10-hour rest, even if some time is spent off the clock. More than 14 hours of duty is not allowed under the HOS Regulations.
• Mandatory breaks – A mandatory 30-minute break is required after eight consecutive driving hours.
• 60/70-hour rule – Drivers cannot exceed 60 hours on duty over seven consecutive days or 70 hours over eight days. Once the driver takes 34 consecutive off-duty hours, this clock resets.

For Passenger-Carrying Drivers

• 10-hour driving limit – Drivers can operate for 10 hours after eight off-duty hours.
• 15-hour on-duty limit – Drivers must stop operating after being on duty for 15 hours, even with breaks, no matter how many breaks they have taken.
• Sleeper berth rule – Drivers using a sleeper berth must log at least eight hours in the berth, which can be split into two periods, with neither of these two periods less than two hours.

The state of California has its own set of its own set of break rules called the California’s transportation industry regulations. These regulations grant transportation workers additional 30-minute meal breaks and rest breaks after every 5 hours and 4 hours of work, respectively.

These local laws sometimes conflict with federal HOS regulations, making these accident cases more complex.

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How Do HOS Violations Lead to Truck Accidents?

Truck drivers are constantly under a lot of pressure to meet tight deadlines. Unfortunately, these tight deadlines lead to ignoring HOS regulations and causing drowsiness or fatigued driving.

There are a lot of studies that clearly show that fatigued driving greatly reduces reaction time, impairs judgment, and increases the likelihood of fatal crashes. Especially with trucks, the damage is greater, so these HOS regulations have to be followed.

Here are a few examples of HOS violations –

• Driving outside the permitted hours.
• Falsifying logbooks to appear like a law-abiding driver.
• Skipping on mandatory breaks to save time and end up driving weary.

If a HOS violation played a role in your accident, it could provide strong evidence of negligence by the truck driver or their employer.

How To Prove Fault In Truck Accident Case With HOS Violation?

Proving the other party’s negligence is very important in personal injury cases. This is where HOS Violations become important. If the truck driver violated these rules, your claim will be stronger in the court of law.

Evidence that can help prove an HOS Violation –

1. Electronic Logging Devices (ELDs) – These devices are advanced and can automatically track a driver’s hours on duty and the number of breaks they have taken to rest and east.
2. Driver’s Logbooks – These are manually recorded logs that may show some inconsistencies or errors in the driver’s logging time.
3. Toll and GPS Records – These provide timestamps to confirm whether the driver followed the rules.
4. Witness Statements – Taking testimonies from other drivers or passengers can help specify timelines and help get insights on driver fatigue.

If you or your loved one have suffered in a truck accident, you can hire an accident attorney in Sacramento. Attorneys have experience in these types of situations, and they can collect and analyze this evidence to hold the at-fault party accountable.

The Challenges You Might Face In Your Truck Accident Case Trying To Prove Negligence

While HOS violations are serious, proving them can be challenging. Trucking companies are often backed by insurers who have aggressive legal teams working to dispute claims. They may argue –

• The accident wasn’t caused by fatigue but by another factor.
• The driver was compliant with HOS rules at the time of the crash.

In these situations, having an experienced accident lawyer in Sacramento by your side can make a lot of difference in your case and your path to justice. They will handle complex negotiations with insurance companies and legal proceedings to back up your rights.

Final Thoughts

The truck accidents that have been caused by HOS violations or might indicate so are quite complicated. But when you understand the role of HOS violations in truck accident cases, you are closer to getting justice and the deserved compensation for your case.
If you need help negotiating with insurance companies or proving negligence in court, the right legal support from accident lawyer Sacramento guarantees you recover quickly and get the compensation you deserve.

Feeling Crushed After a Truck Accident? Let Doyle & O’Donnell Handle the Legal Details for You!

Truck accidents do not just cause physical injuries but also lead to emotional challenges and financial burdens. At Doyle & O’Donnell, we understand how difficult this time can be and are here to take the burden off your shoulders.

Our experienced personal injury lawyer in Sacramento will help you win the compensation for the damage caused while you focus on healing yourself from the loss you faced due to someone’s negligence and ignorance of HOS regulations.

Don’t let the stress of a truck accident hold you back. Contact Doyle & O’Donnell today for a free consultation. We will fight for the justice and compensation you deserve.

Take action today – your safety, rights, and future deserve nothing less.