Crashes involving large commercial vehicles are often devastating. A truck wreck has the potential to cause serious injury and loss of life. At Manchin Ferretti Injury Law, we’ve helped many people in West Virginia who’ve been hurt or lost loved ones in these awful accidents.
A common reason these accidents happen is also unfortunate: some truck drivers don’t follow the rules regarding how long they can drive without stopping to rest. These rules are supposed to prevent drivers from getting too tired, but when truckers ignore them, the roads become less safe.
A trucker (or their employer) commits an hours-of-service violation when they ignore these rules. This article will explore how HOS violations lead to truck accidents, the regulations in place, and the consequences of non-compliance. We’ll also offer advice on what to do if you’re involved in an accident with a fatigued truck driver.
Explaining the Rules for Truck Drivers’ Work Hours
The government has established rules about how long truck drivers can be on the road, which ensure that drivers get enough sleep and stay alert while driving. Key points to be aware of include:
- Driving Time: Truck drivers can drive for up to 11 hours after they’ve had 10 hours of rest.
- Work Day Length: After working 14 hours straight, they can’t drive. They need to take 10 hours off before driving again.
- Rest Breaks: If they’ve been driving for 8 hours without a good break, they must stop for at least 30 minutes.
- Weekly Limits: Drivers can work no more than 60 hours in a week or 70 hours in 8 days. They must also take at least 34 hours off to start a new week.
These rules should keep everyone safer—if they’re followed. However, the rules can be confusing, causing some drivers to break them by accident. Other times, drivers or their bosses might intentionally ignore the rules to finish jobs faster or make more money.
The Link Between HOS Violations and Truck Accidents
When truck drivers or their employers violate HOS regulations, they significantly increase the risk of accidents. Here’s how:
- Tired Drivers: The most direct consequence of HOS violations is driver fatigue. Exhausted drivers have slow reaction times, impaired decision-making abilities, and are more likely to fall asleep at the wheel.
- Pressure to Meet Deadlines: Some trucking companies push drivers to violate HOS rules to meet tight delivery schedules. This pressure can lead to reckless driving behaviors such as speeding, tailgating, or making unsafe lane changes.
- Falsified Logbooks: Drivers might falsify their logbooks to hide HOS violations, making it difficult to track actual driving hours and rest periods.
- Impaired Judgment: Extended driving periods can lead to poor judgment calls. Fatigued drivers may misjudge distances, fail to anticipate the actions of other drivers, or make errors in route planning that put them in dangerous situations.
- Reduced Awareness: Fatigued drivers are less aware of their surroundings, increasing the likelihood of missing critical road signs, failing to notice other vehicles, or overlooking changing road conditions.
- Microsleeps: In extreme cases of fatigue, drivers may experience microsleeps – brief, involuntary episodes of sleep that can last for a fraction of a second or up to 30 seconds.
The Consequences of HOS Violations
Violating Hours-of-Service regulations can have severe consequences, both legal and practical:
- Legal Penalties: Drivers and trucking companies can face hefty fines and potential loss of commercial driving privileges.
- Increased Legal Risk: When crashes happen, breaking driver-hour rules can spell big trouble. If a company ignores these safety limits, it’s more likely to be blamed for the accident.
- Higher Insurance Costs: Trucking companies with a history of HOS violations may face higher insurance premiums.
- Damage to Reputation: Companies known for HOS violations may lose business opportunities and face public scrutiny.
- Criminal Charges: In severe cases, particularly those resulting in fatalities, drivers and company officials could face criminal charges.
Identifying HOS Violations in Truck Accident Cases
At Manchin Ferretti Injury Law, we know how crucial it is to identify HOS violations when investigating truck accidents. Here are some critical steps in this process:
- Analyzing Logbooks: We carefully review the driver’s logbooks to check for inconsistencies or signs of falsification.
- Examining Electronic Logging Devices (ELDs): Modern trucks have ELDs that record driving time. We obtain and analyze this data, looking for any discrepancies.
- Investigating Company Policies: We investigate the trucking company’s policies and practices to see if they encourage or ignore HOS violations.
- Interviewing Witnesses: Other drivers, depot workers, or delivery recipients can provide valuable information about a driver’s schedule.
- Reviewing GPS Data: GPS tracking can reveal discrepancies between recorded and actual driving times.
Preventing HOS Violations and Improving Road Safety
At Manchin Ferretti Injury Law, we’re committed to supporting truck accident victims. We also strongly believe in pushing for safer roads. We work hard to promote practices and policies that can stop these awful crashes from happening in the first place. Here are some ways to reduce HOS violations:
- Stricter Enforcement: More frequent and thorough inspections can deter violations.
- Education: Both drivers and trucking companies should receive ongoing education about the importance of HOS regulations.
- Improved Technology: Advanced ELDs and fatigue-detection systems can help monitor driver alertness.
- Fair Compensation: Paying drivers fairly for all their time can reduce the temptation to violate HOS rules.
- Anonymous Reporting Systems: Implementing systems for drivers to report pressure to violate HOS rules without fear of retaliation.
What to Do If You’re Involved in a Truck Accident
If you find yourself involved in an accident with a commercial truck, take these steps:
- Prioritize Safety: If possible, move to a safe area and call emergency services immediately.
- Record Everything: Take photos of the accident location, gather witness information, and note any statements made by the truck driver.
- Seek Medical Attention: Even if you feel fine, get checked out by a medical professional.
- Watch Your Words: Be careful about what you say after an accident. Some statements might accidentally make you look responsible. Avoid apologizing, and don’t comment on your condition. You can’t speak to your injuries until a doctor has examined you.
- Contact an Experienced Attorney: Contact us at Manchin Ferretti Injury Law immediately. We have the expertise to investigate potential HOS violations and other factors contributing to the accident.
Get Help with Your HOS Violation Truck Accident Case
Hours-of-service violations are a serious issue that contributes to many road truck accidents. By understanding these regulations and their impact on safety, we can all help reduce accidents. If you or a loved one has been affected in a truck crash in West Virginia, don’t hesitate to contact us at Manchin Ferretti Injury Law.
Our truck accident lawyers are here to help you navigate the complex legal landscape, investigate potential HOS violations, and fight for the compensation you deserve. Remember, staying informed and vigilant can save lives on our highways.