Can an Hours of Service Violation Help My Truck Accident Claim?

 Posted on April 10, 2024 in 18-wheeler truck accidents

Commercial trucks can be extremely difficult to handle on the roads. All drivers need to make sure they are alert and careful while on the road, but truck drivers need to be extra cautious because any mistake can have catastrophic results, both in terms of bodily harm and material damage. That is why there are added traffic rules and regulations for truck drivers to follow. For example, there are hours or service rules that dictate the maximum number of hours that commercial truck drivers are allowed to work before they are required to take a driving break. If a truck crashes into your car and you believe an hours of service violation was involved, a skilled San Antonio, TX personal injury attorney can review your case and advise you on how to seek sufficient compensation.

What are Hours of Service?

Driver fatigue is common among long-haul truck drivers, and tired drivers are the cause of many severe traffic accidents. To help keep the roads safe, the Federal Motor Carrier Safety Administration enforces federal hours of service regulations, which essentially determine how long a truck driver can work before he must stop and rest. This serves two very important purposes:

• Drivers keep track of how long they have been driving. It can be easy to lose track of time when driving for miles and miles, and without incentive to monitor this, a driver might not realize just how tired they are until it is too late. A driver might also feel pressured to cover greater distances in shorter times so as to get more jobs done, so forgoing driving breaks might seem like a good idea. Having enforceable regulations in place with clear consequences for violations can be a good motivation for drivers not to drive for so many hours that they are tired behind the wheel.
• Trucking companies are prevented from exploiting their drivers. Any for-profit company naturally makes policy decisions based on its bottom line. Without anything to stop them, trucking companies might be tempted to force their drivers into longer shifts than would be safe. This federal regulation can help ensure that the drivers’ managers are part of the solution rather than part of the problem. Companies do not want to be fined or otherwise punished by the federal government, and so this is added motivation to adopt safer policies.

Schedule a Free Consultation with an Austin, TX Personal Injury Lawyer

Having a truck crash into your car can be a traumatizing experience, in addition to the likely injury and damage such a collision can cause. Let a qualified Bexar County, TX truck accident attorney examine your case and see whether an hours of service violation might have contributed. At Alford & Clark Injury Attorneys, we offer free consultations, so call 210-951-9467 and schedule yours.