Operating an 18-wheeler is an incredibly demanding job. If you’ve ever taken a long road trip, you’d probably agree that driving for hours on end can be exhausting. When fatigue sets in, truckers have a duty to exercise reasonable care by pulling over and resting. Unfortunately, some truck drivers stay on the road despite feeling drowsy to boost their income, speed up deliveries, or make up for lost time.
To deter this sort of negligent behavior, the Federal Motor Carrier Safety Administration (FMCSA) implemented Hours of Service (HOS) regulations. These rules limit the amount of time truckers can spend on the road before stopping to rest.
Unfortunately, just because HOS regulations exist does not mean everyone follows them. If you were hurt in a crash with a drowsy trucker, you may have grounds for a personal injury claim.
Attorney Scott Charnas will evaluate the circumstances of your collision for free and help you make informed decisions regarding your case. Call 212-980-6800 to schedule a consultation with a truck accident attorney in New York City.
Read on to learn the answers to some of the most frequently asked questions about the Hours of Service regulations:
- What Are the Hours of Service Regulations?
The HOS regulations can be found on the FMCSA website. In general, truckers hauling property cannot drive for more than 11 hours after spending 10 consecutive hours off duty. Commercial drivers transporting passengers, on the other hand, have a 10-hour driving limit after spending eight consecutive hours off duty.
- Who Must Follow the Hours of Service Regulations?
Most drivers who are operating a commercial motor vehicle must follow the HOS regulations. Examples of such vehicles include those that:
- Weigh more than 10,000 pounds;
- Are designed or used to transport more than 15 passengers not for compensation;
- Are designed or used to transport more than eight passengers for compensation; and
- Are transporting hazardous materials in a quantity that requires placards.
- How Can I Prove an Hours of Service Violation?
To win your claim, you will need strong evidence to prove negligence and liability. If you were hurt in a crash with a trucker who violated HOS regulations, this evidence might include:
- Toll booth receipts;
- Weigh station records;
- Black box data;
- GPS data;
- Cell phone records; and
- Log books.
Much of this evidence can be difficult to gather—especially if the trucker or motor carrier refuses to cooperate. You may need to file subpoenas to obtain it. This is where an experienced personal injury attorney can help.
Discuss Your Case with a Truck Accident Lawyer in New York City
If you want to sue a reckless trucker or motor carrier following a crash, contact Charnas Law Firm. Attorney Scott Charnas has assisted hundreds of clients in personal injury and wrongful death cases throughout New York and Massachusetts. Call 212-980-6800 or fill out our Contact Form to schedule a free consultation with a personal injury attorney in New York City