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Truck drivers are subject to strict regulations known as Hours of Service (HOS), established by the Federal Motor Carrier Safety Administration (FMCSA) to prevent driver fatigue and reduce the risk of truck accidents. These regulations dictate the maximum number of hours a truck driver can operate their vehicle before taking mandatory rest breaks. When drivers or their employers violate these rules, the consequences can be devastating for others on the road.
With over 40 years of experience, Board Certified Personal Injury Trial Lawyer, Certified by the Texas Board of Legal Specialization since 1988, David P. Willis, has helped countless clients navigate the complexities of truck accident cases, including those involving HOS violations. If you or a loved one has been injured in a truck accident caused by driver fatigue, speeding, parking on the side of the raod or any other reason, contact Law.net to learn how we can assist.
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HOS regulations are federal rules designed to limit how long a truck driver can operate their vehicle to prevent fatigue-related accidents. These rules apply to commercial drivers operating vehicles that:
Key provisions of the HOS regulations include daily driving limits, mandatory rest periods, and cumulative weekly driving restrictions. Here’s a simplified chart to understand HOS limits:
| HOS Rule | Description |
|---|---|
|
11-Hour Driving Limit |
Drivers can drive for a maximum of 11 hours after 10 consecutive hours off duty. |
|
14-Hour Work Limit |
Drivers cannot operate after 14 consecutive hours of on-duty time, including breaks. |
|
30-Minute Rest Break |
A mandatory 30-minute rest after 8 hours of driving without a break. |
|
60/70-Hour Weekly Limit |
Drivers may not drive after 60 hours in 7 days or 70 hours in 8 days. |
These regulations aim to ensure that drivers have adequate rest to operate their vehicles safely. However, violations are alarmingly common, contributing to causes of truck accidents such as driver fatigue and inattention.
Despite the strict oversight by the FMCSA, some truck drivers and companies attempt to cheat the system. Traditional paper logbooks, often referred to as “comic books,” can be falsified to show compliance. However, the FMCSA now requires the use of Black Boxes or Electronic Logging Devices (ELDs) for most commercial vehicles, which are harder to manipulate.
Electronic Logging Devices (ELDs) automatically record:
These devices provide an accurate record of a driver’s hours, which can be critical evidence in truck accident cases. Employers and insurers also have access to this data, which can reveal patterns of non-compliance.
HOS violations not only breach federal regulations but also constitute negligence that can endanger lives. Some truck drivers, aware of their hour limits, park on shoulders of highways rather than finding safer rest areas or truck stops. This behavior increases the likelihood of underride accidents, especially at night and at highway speeds. When drivers fail to deploy proper warning devices like reflectors, safety flashers or flares, the risk to other motorists grows exponentially.
Violating HOS regulations can also lead to:
These actions often result in catastrophic accidents, as seen in cases involving speeding truck accidents or illegal parking on shoulder of highways.
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The FMCSA imposes steep penalties for HOS violations, including:
When an HOS violation contributes to a crash, the truck driver, their employer, and even dispatchers or brokers can be held accountable. Understanding liability and insurance in a truck accident is essential for victims seeking justice.
To establish HOS (Hours of Service) violations as a contributing factor in a truck accident, attorneys rely on thorough investigations and expert analysis. David P. Willis, a Board-Certified Personal Injury Trial Attorney, emphasizes the importance of securing evidence early to ensure that crucial records are not altered or lost.
Essential steps include:
HOS violations are a major cause of fatigue-related truck accidents, and proving non-compliance can strengthen a claim against both the driver and the trucking company for negligence.
Cases involving HOS violations often pit victims against large trucking companies and their insurers. These companies have aggressive legal teams whose sole focus is to minimize payouts and deny liability. Victims need a seasoned truck accident attorney with the knowledge, resources, and determination to counter these tactics and fight for maximum compensation.
David P. Willis, a Board-Certified Personal Injury Trial Lawyer in Texas, has over 40 years of experience handling complex semi-truck accident cases. His Board Certification in Personal Injury Trial Law is a testament to his legal expertise, a distinction held by only 1% of licensed attorneys in Texas are Board Certified in Personal Injury Law. This elite credential proves his in-depth knowledge, courtroom experience, and commitment to achieving justice for accident victims.
Willis and his team meticulously investigate HOS violations, working to hold all liable parties accountable, including drivers, employers, cargo loaders, and trucking companies. His firm operates on a contingency fee basis, meaning victims pay nothing unless compensation is secured. David P. Willis, a semi-truck accident attorney with over four decades of experience, understands the complexities of these cases. His team works tirelessly to hold all liable parties accountable, including drivers, employers, and brokers. With a contingency fee contract, victims pay nothing unless compensation is secured.
HOS regulations are a cornerstone of trucking safety, designed to protect not only truck drivers but everyone on the road. However, compliance requires more than individual adherence; employers must prioritize safety over profit. Companies that pressure drivers to exceed legal limits or falsify logs are complicit in creating unsafe conditions.
Furthermore, the growing reliance on technology, such as black box data available to prove speeding, has made it easier to uncover violations. These tools, combined with a thorough investigation, provide a strong foundation for personal injury and wrongful death lawsuits.
The most critical first step after a truck accident involving Hours of Service (HOS) violations is to seek medical attention and ensure that law enforcement creates an official accident report. If possible, gather evidence at the scene, including photos, witness statements, dashcam footage, and the truck’s license plate number. FMCSA regulations require trucking companies to maintain driver logs and electronic logging device (ELD) records for six months, so hiring an experienced truck accident lawyer immediately is crucial to ensure that this evidence is preserved. Your attorney can request black box data, HOS logs, and trucking company compliance records to prove if driver fatigue contributed to the crash.
FMCSA Rules That Apply:
Yes, violations of federal HOS regulations can increase compensation for victims of truck accidents. When a truck driver operates beyond legal limits, the risk of driver fatigue-related crashes increases dramatically. If an investigation proves that the trucker or trucking company ignored FMCSA HOS rules, the victim may be entitled to compensatory and punitive damages.
Compensation can cover:
FMCSA Rules That Apply:
Not always, but trucking companies can often be held liable for HOS violations if they encouraged, ignored, or failed to monitor driver compliance. Many trucking companies pressure drivers to exceed legal driving limits to meet tight delivery schedules, which can lead to accidents caused by fatigued truckers. In some cases, employers falsify logs or fail to properly monitor ELD data to hide violations.
A truck accident lawyer will investigate whether the trucking company:
If a trucking company ignored federal regulations, they could face negligence claims and be required to pay significant damages to accident victims.
FMCSA Rules That Apply:
If you or a loved one has been injured in a truck accident caused by HOS violations, don’t wait to seek legal help. David P. Willis, a Board-Certified Personal Injury Trial Lawyer, has the experience and resources to help you secure justice. With over 40 years of practice, he has a proven track record of holding trucking companies accountable.
Call 1-888-LAW-2040 today for a free consultation or visit Law.net to learn more. Let us fight for the compensation you deserve!
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