Driver fatigue is a major contributing factor to truck accidents, with a significant number of crashes involving commercial vehicles being attributed to tired drivers. The National Transportation Safety Board (NTSB) has highlighted the severity of this issue, revealing that out of 107 truck wrecks studied, 75 were linked to driver fatigue.
Fortunately, federal regulations, such as the Federal Motor Carrier Safety Act, have been put in place to address these issues. These regulations limit the number of hours a truck driver can operate within a 24-hour period to reduce accidents and promote safer driving.
If you or a loved one has been injured in a truck accident, it’s crucial to have a personal injury lawyer experienced in truck accidents advocating for you. At Shapiro, Washburn & Sharp, our car accident law firm has extensive experience handling these complex cases. We are committed to ensuring our clients receive the compensation they deserve. Contact us today at 833-997-1774 for a free consultation to discuss your case and explore your legal options.
What Are the Key Provisions of the Hours of Service Regulations?
The Federal Motor Carrier Safety Act (FMCSA) sets out strict hours of service (HOS) regulations to ensure truck drivers are not driving while fatigued. Two key provisions are central to these regulations:
- 11-Hour driving limit: According to Part 395 of the FMCSA regulations, a truck driver may drive no more than 11 hours after having 10 consecutive hours off duty. This ensures that drivers get adequate rest before operating a vehicle.
- 14-Hour driving window: The second provision states that a driver cannot drive beyond the 14th hour after coming on duty following 10 consecutive hours off duty. This provision helps prevent drivers from exceeding safe working hours and driving long stretches without sufficient rest.
These regulations are designed to reduce the risk of accidents caused by driver fatigue and improve safety on the roads. However, despite these regulations, violations and issues with enforcement continue to be a problem.
Why Are Truck Drivers and Companies Sometimes Tempted to Violate Hours of Service Regulations?
One of the main challenges in enforcing the FMCSA regulations is the financial incentive for truck drivers and companies to bypass these rules. In many cases, truck drivers are paid based on the miles they drive rather than hourly wages. As a result, there is significant pressure to drive more hours to earn a higher income. This creates a conflict between driver safety and financial incentives.
Trucking companies often prioritize meeting delivery deadlines and fulfilling customer demands. In some cases, this urgency leads to a culture where drivers are encouraged to push beyond the limits of the hours of service regulations. Some companies may even turn a blind eye to drivers who falsify their logs or violate these regulations to meet the demands of timely deliveries.
How Do Truck Injury Lawyers Ensure Compliance with Hours of Service Regulations?
Truck injury lawyers play a crucial role in ensuring that trucking companies and drivers adhere to hours of service regulations, particularly in the event of an accident. In many truck accident cases, lawyers seek critical documents that can shed light on the driver’s compliance with these regulations. These documents include:
- Log books and trip logs: These records track the hours a driver has worked and the time they have spent off duty. Inaccurate or falsified logs can be a red flag that the driver violated HOS regulations.
- GPS records: If available, GPS records can provide a detailed history of the driver’s route and the duration of their trips, helping to verify the accuracy of the log books.
- Fuel records: Fuel receipts can also serve as evidence of when and where a truck was on the road, offering additional insights into a driver’s hours of operation.
By obtaining and reviewing these documents, truck injury lawyers can verify whether the driver adhered to the mandated hours of service or if fatigue played a role in the accident.
What Steps Can Trucking Companies Take to Ensure Compliance with Hours of Service Regulations?
Trucking companies have a responsibility to ensure that their drivers comply with federal regulations and are not driving while fatigued. This responsibility includes actively enforcing the hours of service regulations and monitoring drivers to ensure they are not exceeding their legal limits. Some ways trucking companies can improve compliance include:
- Investing in monitoring technology: Implementing electronic logging devices (ELDs) can help monitor drivers’ hours in real-time, reducing the opportunity for falsified logs and increasing transparency.
- Providing adequate training: Drivers should be trained on the importance of following hours of service regulations and the risks associated with driving while fatigued.
- Enforcing safety culture: Companies should foster a safety-first culture, emphasizing the importance of driver well-being and the legal obligations to follow HOS rules.
By taking these steps, trucking companies can reduce the risk of accidents caused by driver fatigue and avoid legal and financial consequences resulting from non-compliance.
How Can Your Personal Injury Law Firm Help?
If you or a loved one were injured in a truck accident, do not try to deal with the trucking company and its insurance company on your own. Call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation and find out how we can help get you the compensation you are entitled to. We handle cases on a contingency-fee basis, so you won’t pay any legal fees unless we win your case.