Hours of Service Regulations & Truck Accidents
Albuquerque Truck Accident Attorney Fighting for Your Recovery
There are laws that govern when a truck driver can operate his or her vehicle, these laws are put in place in order to reduce fatigued truck drivers and thereby reduce the risk of trucking accidents. The Federal Motor Carrier Safety Regulations has established hours of service rules which limit on how long a driver can be out on the road each day.
Examples of hours of service laws:
- A driver may drive for a maximum of 11 hours after 10 consecutive hours off duty if they are only carrying cargo
- If they are carrying passengers they may only drive a maximum of 10 hours after eight consecutive hours off duty, as well as several other regulations.
- A driver must take a rest break if driving consecutively for more than 8 hours
- Drivers must track their driving time using a daily log.
Tired truckers are less likely to look carefully before changing lanes or making a turn, and at night they are more susceptible to hit something that they did not see. When drivers operate vehicles fatigued or sleepy, serious crashes can occur. Although these laws can appear strict, they are designed to protect the driver and other motorists who share the road.
Proving Hours of Service Violations
Truck accident claims can be complex because they often require review of extensive data and records. Obtaining such evidence can also be a challenge. If you are filing a claim for truck accident injuries, it is important that you turn to an experienced attorney who understands how to navigate truck accident investigations.
Evidence that can be used to identify hours of service violations:
- Driver log books to see travel time, routes, and rest breaks
- Receipts for gas, food, and other expenses during the trip
- Inspection and maintenance records
- Cellular data (to pinpoint location of a driver at the time of the accident)
- GPS records
- On-board recording devices
- Bills of lading that show when shipments were received
Trucking Companies Should Be Liable for Violating Hours of Service Laws
If you have sustained an injury due to a trucking accident, then you will benefit from the legal aid of an Albuquerque truck accident attorney from James Wood Law. There is the possibility that the truck driver was operating his vehicle outside of the permitted time by the hours of service regulations. We can investigate driver logs to help determine whether the driver violated hours of service regulations.
If this is the case then you may be able to collect monetary compensation for your medical bills and therapy bills incurred by your injuries, as well as for any emotional trauma you may have sustained. Our firm is dedicated to helping those who have sustained a personal injury; we offer a free case evaluation as well as contingent fee agreements.
Contact James Wood Law to further discuss the laws regarding hours of service with an Albuquerque truck accident lawyer.
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