Sharing the road with massive commercial trucks can be intimidating for any driver. But when truckers violate federal hours of service regulations designed to prevent fatigued driving, a routine trip can become much more dangerous.
If you or a loved one has been seriously injured in an accident with a big rig, semi-truck, 18-wheeler, or other large commercial vehicle, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. However, getting the full and fair recovery you deserve often hinges on proving that the trucker or trucking company acted negligently.
Demonstrating that hours of service rules were broken is one way a skilled truck accident lawyer can establish liability and strengthen your case. Keep reading to learn about these important regulations and how violations may affect your claim.
Understanding FMCSA Hours of Service Rules
The Federal Motor Carrier Safety Administration (FMCSA) hours of service (HOS) regulations strictly limit the number of hours truck drivers are allowed to work and drive each day and week. The goal is to ensure that commercial drivers are alert and well-rested behind the wheel. Key provisions include:
- 11-Hour Driving Limit. Truckers hauling property may drive a maximum of 11 hours after 10 consecutive hours off duty.
- 14-Hour Duty Limit. Truckers cannot drive beyond the 14th consecutive hour after coming on duty following 10 consecutive hours off duty. Off-duty time does not extend this 14-hour period.
- 30-Minute Break. Truckers must take a 30-minute break when they have driven for 8 cumulative hours without at least a 30-minute interruption. The break may be satisfied by any non-driving period of 30 consecutive minutes.
- 60/70-Hour Duty Limit. Truckers cannot drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
There are some exceptions to these rules for short-haul drivers and adverse driving conditions, but in general, most truckers (and their employers) must comply with HOS regulations or face penalties.
How Hours of Service Violations Cause Truck Accidents
When truck drivers exceed hours of service limits, they are much more likely to experience fatigue and cause preventable crashes. Much like driving under the influence, drowsy driving impairs reaction time, decision-making, and performance. Warning signs include:
- Difficulty focusing, frequent blinking, or heavy eyelids
- Drifting from the lane, swerving, or hitting rumble strips
- Inability to recall the last few miles driven
- Missing exits or traffic signs
- Yawning repeatedly or rubbing eyes
- Tailgating, unsafe lane changes, and other erratic behaviors
Pressure to meet unrealistic delivery deadlines is a major reason some truckers violate HOS rules and drive while dangerously fatigued. This pressure often comes from trucking companies that prioritize profits over safety.
Other factors, such as poor route planning, mechanical breakdowns, loading or unloading delays, and bad weather, can also lead truckers to intentionally or unintentionally exceed hours of service limits. Regardless of the reason, driving over the maximum allowable time puts the trucker and everyone else on the road at serious risk.
Proving Hours of Service Violations to Support Your Claim
Establishing that an HOS violation contributed to your truck accident is crucial for holding the driver and/or carrier accountable. Some important evidence your lawyer may gather includes:
- Data from the truck's electronic logging device (ELD) or paper logbooks
- Bills of lading, fuel receipts, and other documents to verify the trucker's route and schedule
- Truck maintenance and inspection reports
- Black box data from the truck's engine control module
- Cellphone records to check for distracted driving
- Dashcam or surveillance camera footage of the accident
- Photos of the accident scene and vehicle damage
- Police accident reports
- Eyewitness statements
- Medical records documenting your injuries
Armed with this proof, your attorney can build a strong case demonstrating the full extent of your damages, arguing for the driver’s or trucking company’s liability, and demanding appropriate compensation from the insurance company. If necessary, your lawyer can file a truck accident lawsuit and present compelling arguments for your right to recovery in court.
Seek Help from a Milwaukee Truck Accident Attorney
Crashes involving commercial trucks tend to cause catastrophic injuries and massive disruption to victims' lives. If you've been hurt in an accident with a big rig or semi-truck, having an experienced truck accident lawyer on your side is essential for seeking the compensation you need to rebuild.
The seasoned legal team at Hupy and Abraham, S.C. knows how to investigate truck accidents and seek evidence of hours of service violations that can make or break your case. We've recovered over $1 billion for more than 70,000 clients throughout Wisconsin, Illinois, and Iowa. Our Milwaukee truck accident attorneys are ready to fight for every dollar you deserve.
