Hours of Service Laws And Your Texas Truck Accident Claim

 Posted on June 03, 2022 in Truck Accidents

Commercial truck drivers must generally follow the laws that apply to regular traffic and then some. 18-wheelers can cause significantly more damage than a personal vehicle should they crash. They are also much more challenging to drive than a typical family car, requiring additional training to operate safely. It makes sense for there to be extra regulations that apply only to commercial trucks. One of the most important safety laws that truck drivers must abide by are hours of service regulations. Hours of service regulations are set out by the Federal Motor Carrier Safety Administration and apply to truck drivers in every state. An hours of service violation can have serious implications after a truck accident.

What Are Hours of Service Regulations?

These laws control how long a driver can keep going without a break, and how long that break must be. Their main purpose is to ensure that truck drivers are well-rested and alert. Operating such a large vehicle on public streets requires a lot of focus. Fatigued or sleepy drivers are much more prone to mistakes. Drowsy driving can lead to accidents - possibly including yours. If you were hurt in a truck accident, it is certainly worth investigating.

Hours of service rules can be a little confusing to keep track of. Generally, a truck driver cannot drive for more than 11 consecutive hours after a ten-hour break or more than 14 consecutive hours after first coming on duty. A thirty-minute break is required after driving for eight hours. There are also regulations pertaining to the total amount of hours a truck driver can work each week.

How Would an Hours of Service Violation Affect My Claim?

Texas has “negligence per se” laws. Negligence per se means that if the defendant was breaking a law designed to protect public safety, and they caused the type of harm the law was trying to protect against, they are automatically declared negligent and can be held liable. Proving that the truck driver who injured you was negligent may be a much more streamlined process if an hours of service violation can be proven.

Commercial trucking companies and their drivers are required to maintain logs. 18-wheelers typically have equipment installed that records when the truck is in service and when the driver is stopped. These records can usually be recovered after an accident.

Call an El Paso County Truck Accident Attorney

If you have been injured in a truck accident, James Kennedy, P.L.L.C. may be able to recover financial compensation for you. Our experienced Sierra Blanca truck accident lawyers will find out if the driver who injured you was breaking any safety laws. Contact us at 915-544-5200 for a free consultation.

Source:

https://www.fmcsa.dot.gov/regulations/hours-of-service