If a trucker falls asleep at the wheel, they have the potential to cause accidents that result in catastrophic injury or even death. If you believe a drowsy truck driver is responsible for causing your injuries, a highly skilled Buffalo trucking hours of service violations attorney from Towey Law PLLC may be able to help you maximize your financial compensation.
Having recovered millions of dollars in compensation for our clients through trial verdicts and settlements and passionate and aggressive legal advocacy, you can get the guidance and support you need when you need it most. Contact our Buffalo truck accident attorney to schedule a free consultation today and learn more about the next steps in the claims process.
Demands of the Trucking Industry
The trucking industry is one of the most physically and emotionally demanding jobs to have. It may surprise you to learn that as much as 20% of truckers work more than 70 hours a week according to the Centers for Disease Prevention and Control (CDC).
However, when truck drivers work too many hours in a row without getting enough sleep, they increase the risk of collision by drowsy driving. No matter how demanding the trucking industry is, there is no excuse for driving unsafely or encouraging truck drivers to violate federal law. Drivers who fail to uphold their obligation to the safety and well-being of other motorists on the roadways can be held accountable when victims suffer catastrophic injuries caused by drowsy driving accidents.
Commercial Truck Driver Hours of Service Regulations
As described by the Federal Motor Carrier Safety Administration’s (FMCSA) 49 CFR 395, there are restrictions in place for how many hours a truck driver can work per shift and week. The hours of service (HOS) limits are as follows:
- Truckers must take a 30-minute break after driving eight consecutive hours.
- Truckers can only work a maximum of 14 hours per day with 11 hours of driving, following 10 hours off duty.
- The HOS applies over a seven-day work week or eight days if the trucker works 70 hours over the week.
- Truckers must take at least 34 hours consecutively off before they can start their next work week.
This is just a general overview of the HOS regulations. The actual language of the legal statute reads as follows:
Ҥ 395.3 Maximum driving time for property-carrying vehicles:
(a) Except as otherwise provided in § 395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, unless the driver complies with the following requirements:
(1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty;
(2) 14-hour period. A driver may not drive after 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty.
(3) Driving time and interruptions of driving periods —
(i) Driving time. A driver may drive a total of 11 hours during the period specified in paragraph (a)(2) of this section.
(ii) Interruption of driving time. Except for drivers who qualify for either of the short-haul exceptions in § 395.1(e)(1) or (2), driving is not permitted if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption in driving status. A consecutive 30-minute interruption of driving status may be satisfied either by off-duty, sleeper berth, or on-duty not driving time or by a combination of off-duty, sleeper berth and on-duty not driving time.”
Penalties for Violating Service Hours Rules
Trucking companies and truck drivers found in violation of federal HOS regulations could face serious penalties. The truck driver could face criminal charges and the suspension or revocation of their commercial driver’s license (CDL) if they cause someone else’s death due to drowsy driving. Liable parties could also face culpability through a Buffalo personal injury lawsuit in civil court. Additionally, the FMCSA has the authority to impose penalties of its own on the trucking company.
Turn to a Dedicated Buffalo Trucking Hours of Service Violations Attorney
When a trucking company encourages truck drivers to violate federal work-hour regulations and truckers do not take their duty of care seriously, other motorists on the roadways suffer. Do not let these liable parties get away with their negligent and wrongful actions. Turn to a top-rated Buffalo car accident lawyer from Towey Law PLLC.
Attorney Brian Towey has been a Buffalo native all his life and passionately advocates for injury victims and accident survivors throughout Buffalo and its surrounding communities. Get the compassionate legal support you need when you contact our office to request a free consultation. Reach us by phone or through our online contact form and get started on your claims today.