Hours of Service Violations and Your El Paso Truck Accident Claim

 Posted on January 12, 2022 in Truck Accidents

Most people who regularly drive have experienced sleepiness at the wheel. Whether due to shift work, insomnia, or other reasons, most adults do not get the recommended 7-9 hours of sleep a night. When driving, sleep deprivation can be deadly. Experts explain that sleep deprivation can cause episodes of “microsleep.” A person may fall asleep for several seconds at a time without even realizing it. Large truck drivers who are fatigued may make driving mistakes that lead to horrific accidents.

If you or a loved one were harmed in a truck accident and you suspect sleep deprivation may have been a contributing factor, it is important to understand how this may impact your claim.

Understanding Hours of Service Regulations

The Federal Motor Carrier Safety Administration (FMCSA) limits the number of hours commercial drivers may drive in a day. For example, these “Hours of Service” rules state that commercial drivers carrying property can only drive a maximum of 11 hours consecutively. Drivers carrying passengers are limited to ten hours.

Various methods are used to keep track of a driver’s drive time. Many commercial truck drivers have electronic logbooks that record when they are driving and when the vehicle is stopped. Unfortunately, logbooks are sometimes falsified. Truck drivers are expected to meet tough deadlines and may sometimes violate Hours of Service rules to make up for traffic jams or other slowdowns. Trucking companies may even encourage truckers to lie on their logbooks and drive beyond the Hours-of-Service limits.

Bringing a Claim Against a Trucking Company

Trucking companies that allow or encourage Hours of Service violations may be liable for accidents caused by sleepy drivers. The truck accident victims and their families may be entitled to compensation for their damages.

Some of the most common damages in a fatigued driver truck accident case include:

• Medical bills – Being hurt in a commercial truck accident can cause catastrophic injuries that require extensive medical care. Emergency room expenses, hospital bills, the cost of rehabilitative treatment, and other medical costs may be compensable.
• Lost income – Most injured truck accident victims need to take time off work to recover. Lost wages from missed work may be recovered through a truck accident claim.
• Lost earning capacity – Some injuries result in permanent loss of functioning. If truck accident injuries leave a victim unable to work or forced to take a lower-paying position, he or she may be entitled to compensation for lost earning capacity.
• Non-financial damages – Truck accident victims may be entitled to compensation for pain and suffering, lost quality of life, and other non-financial losses.

Contact an El Paso Truck Accident Lawyer

If you or a loved one were hurt in a commercial truck accident, contact the skilled Sierra Blanca personal injury attorneys at James Kennedy, P.L.L.C. Call 915-544-5200 for a free, confidential consultation.

Source:

https://www.healthline.com/health/microsleep

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