Anyone who has ever been in any kind of motor vehicle accident knows that even a minor fender bender can be an agonizing experience. Getting the other driver to admit fault can make you angry. Attempting to recover damages for property damage, medical expenses for even minor injuries, and lost wages for time spent recovering and getting your vehicle repaired can be frustrating. When that accident is worse than a fender bender and includes a commercial truck and a driver who is on the job when the accident occurs, the levels of anger and frustration can skyrocket. What can make matters even worse is learning that trucking accidents like these are preventable. When the accident occurs because the truck driver chose to violate hours of service regulations, the driver or their employer should be held accountable for your avoidable injuries, pain and suffering, and property damage. If you have been injured in a trucking accident because a driver chose to ignore federal regulations regarding when truck drivers can drive, an experienced Pascagoula, Mississippi truck accident attorney with Lott Law may be able to assist you in receiving the compensation you deserve under the law. Call (228) 215-2787 to schedule a consultation and learn more about your legal rights and options in these unnecessary accidents.
What Are Hours of Service Regulations?
Hours of service regulations are regulations created by the Federal Motor Carrier Safety Administration (FMCSA) to restrict the hours commercial truck drivers can drive. To begin, these regulations limit drivers to driving a maximum of 11 hours after 10 hours off-duty. Truck drivers cannot drive if they have been on duty for more than 14 consecutive hours, including breaks and non-driving work such as loading and unloading the truck, filling out paperwork, or fueling. The driver must take a 30-minute break after driving for eight cumulative hours. This break can be on-duty but not driving, off-duty, in the truck’s sleeper berth, or any combination of these options so long as it adds up to 30 consecutive minutes.
Additionally, truck drivers cannot drive after being on duty for a maximum of 60 hours in seven days or 70 hours in eight days. They can reset the seven or eight-day period by taking 34 or more hours off-duty. Some exceptions exist to these maximums, such as that the driver can extend the 11-hour maximum or the 14-hour driving window by up to two hours if they encounter adverse driving conditions. However, these exceptions do not happen frequently and the truck driver would bear the burden of proving that such an exception existed and that it did not impact their ability to drive. In other words, they would be required to prove that despite the exception and driving longer hours, they were not fatigued when the accident occurred.
Why Do Hours of Service Regulations Matter?
Hours of service regulations matter because they help to reduce the number of trucking accidents that may occur. In a joint study by the FMCSA and the National Highway Traffic Safety Administration (NHTSA) called the Large Truck Crash Causation Study (LTCCS), driver fatigue was responsible for 13% of trucking accidents between 2001 and 2003. Hours of service regulations were designed to limit how long a driver can be on duty to ensure they get adequate rest so they are not driving fatigued.
By helping to ensure drivers remain awake and alert while driving, hours of service regulations help to reduce the risk of trucking accidents caused by driver fatigue and improve road safety for everyone on the road. However, in the past, drivers kept logs in paper logbooks, recording their on-duty time, driving hours, and rest breaks by hand. This meant that drivers essentially operated on the honor system, being trusted to record their hours truthfully, but many did not. Many drivers would manipulate their hours or lie outright to drive more extended hours, resulting in more trucking accidents due to driver exhaustion. Some drivers did this on their own to make more money, while others did it under pressure from employers or customers to deliver loads more quickly and be able to pick up more loads.
What Are the Most Common Hours of Service Violations?
Drivers were required to begin using electronic logging devices (ELD) or automatic onboard recording devices (AOBRD) in 2017. As of December 2019, drivers are required to use an ELD. The use of these electronic devices that automatically record the driver’s driving time and other relevant aspects of hours of service regulations has reduced the number of hours of service violations and made it easier to identify which regulations are most commonly violated.
The most common violation of hours of service regulations is exceeding the 11-hour or 14-hour maximum driving limits. Following that, the next most common violations are traveling before finishing their 10 off-duty hours and failing to take their mandatory 30-minute break. While not every violation results in a trucking accident, these violations do result in fatigued drivers sharing the road and presenting a danger to all other drivers.
How Do You Prove Hours of Service Violations in Trucking Accidents?
It is unlikely that a truck driver will admit to driving fatigued, nor will their employer admit to allowing or even encouraging their drivers to drive fatigued. However, the ELD in the truck is one source that may indicate the truck driver was violating hours of service regulations. Other sources include GPS data that tracks the truck’s speed and location or cell phone data including texts that may indicate the driver was violating hours of service. Additionally, items such as weigh station records, time-stamped bills of lading, maintenance records, and receipts for fuel, food, and toll booth tickets may all be used to show hours of service violations by proving that the driver could not have driven from those locations to the location of the accident without violating hours of service regulations. A skilled trucking accident attorney at Lott Law may be able to assist you with recovering these and other types of evidence to prove liability in your trucking accident.
What Can You Do If You Were Injured in a Trucking Accident Due to Hours of Service Violations?
According to the FMCSA, research has shown that when a driver is awake for 18 hours, it has a comparable effect as if their blood alcohol content (BAC) was 0.08%. This BAC is considered legally intoxicated for individuals in their private vehicles and could result in a driving while intoxicated (DWI) or driving under the influence (DUI) charge. For a commercial truck driver, a BAC of 0.04% is enough to revoke their commercial driver’s license, whether they are on or off-duty, per the FMCSA. Because fatigue has the same effect as drugs, alcohol, or distraction,a fatigued driver may experience delayed braking, not notice obstructions in the road ahead, or have other delayed or failed reactions that would lead to trucking accidents. Therefore, truck drivers should consider driving fatigued the same as driving under the influence.
If an individual is injured in a trucking accident because a truck driver violated hours of service regulations, they can file a truck accident claim against the truck driver and/or the driver’s employer. Victims in trucking accidents may recover both economic and non-economic damages, including medical expenses, lost wages, property damage, home modifications to accommodate injuries or permanent disabilities, emotional distress, disfigurement or scarring, lost companionship, and pain and suffering. The exact amount an individual may recover will vary depending on the severity of the accident and their injuries.
How a Mississippi Trucking Accident Attorney May Assist You
Truck drivers are considered professionals and, therefore, held to a higher standard than the average driver on the road. They are responsible for operating a vehicle weighing tens of thousands of pounds that is taller and longer than the other vehicles on the road. This responsibility includes following all the laws and regulations placed on truck drivers, including hours of service regulations. When trucking accidents occur because drivers violate hours of service, they should be held accountable for their choice. At Lott Law, we may be able to assist you with filing a truck accident claim, gathering evidence, identifying all liable parties, and negotiating a settlement. If necessary, we will also fight in court for the compensation you deserve under the law. Call (228) 215-2787 to schedule a consultation and review your case with one of our experienced Mississippi trucking accident attorneys.