When a trucker drives more hours than allowed, they can become distracted, fatigued, or disoriented. If they subsequently cause an accident, a Dallas truck accident lawyer can explain how “hours of service” regulations impact truck accident claims. If you or a loved one was injured in a recent truck accident, you could be entitled to financial compensation.
Your lawyer can help you prove the truck driver’s violation, the reason for it, and the right party to pursue for damages. To recover them, you have to prove the accident was caused by negligence. A lawyer in your area will help you establish negligence and take on the insurance company.
Current “Hours of Service” Regulations for Truck Drivers
Trucking is a demanding job, requiring focus, concentration, and the ability to make quick decisions. To ensure truck drivers are alert on the road, Federal Motor Carrier Safety Administration (FMCSA) regulations require the following rest and driving requirements for property (cargo) carrying drivers:
- An 11-hour driving limit after 10 consecutive hours off duty
- A 14-hour consecutive driving limit after 10 consecutive hours off duty
- A 30-minute driving break after 8 cumulative and uninterrupted hours without a minimal 30-minute interruption
- A 60-70-hour limit for 7 to 8 consecutive days of driving
There are also regulations for seeper berth provisions, break lengths, adverse driving conditions, and short-haul exceptions. Additional regulations apply to passengler-carrying vehicles. The regulations are complicated, and a violation can be hard to prove.
“Hours of Service” Violations Can Lead to Dangerous Truck Accidents
A driver who has not had enough rest between trips can become fatigued and nod off while driving, a commonly reported cause of truck accidents. According to Insurance Institute for Highway Safety (IIHS) data, trucks can:
- Weigh up to 30 times more than a passenger car
- Require up to 40% greater stopping distance
- Face an increased risk based on road conditions
In a truck versus vehicle accident, these factors can leave vehicle occupants with serious injuries and significant property damage or loss.
Financial Liability When an “Hours of Service” Violation Causes a Truck Accident
FMCSA data defines liability for accidents caused by non-adherence to “hours of service” regulations. The carrier can be held liable for such violations if they knew, should have known, or had the means to know about it. Your lawyer will explain your rights and the trucking company’s responsibility.
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Recoverable Damages for an “Hours of Service” Violation Truck Accident
You are entitled to compensation after a negligence-based truck accident. If a truck accident attorney represents you, they will carefully assess the types and amounts of damages you can recover. Economic damages are the out-of-pocket costs of the accident and include:
- Past and future medical bills
- Past and future lost wages
- Loss of future earning capacity
- Treatment-related travel expenses
- Property damage or destruction
You can sue for pain and suffering and other non-economic damages after a truck accident. are intangible and compensate you for your accident-related:
- Physical impairment
- Physical disfigurement
- Mental and emotional angst
- Diminished quality of life
Wrongful death damages are recoverable for families who lost a loved one in the accident. They include funeral and burial expenses and loss of income, household support, consortium, companionship, and guidance.
Complying With the Statute of Limitations for Truck Accident Lawsuits
Your Austin truck accident case is subject to Texas’ statute of limitations. In general, you have two years to file your personal injury or wrongful death lawsuit. According to Texas Civil Practice and Remedies Code § 16.003, the filing deadline starts on the date the accident occurred.
A local truck accident attorney will help you understand how long you have to file your lawsuit based on various factors that could cause a fluctuation. These factors can include the injured party’s age, the at-fault party’s actions, and the outcome of the accident.
How a Truck Accident Lawyer Proves an “Hours of Service” Regulation Occurred
When a law firm accepts your case, they bring a range of resources and team members to your case. They will request the truck driver’s logbook and food and lodging receipts that indicate the time they spent on and off the road. They may also request black box records that indicate the time the truck was and was not in motion.
These records can be difficult for you to obtain on your own. Your attorney can help you build a comprehensive case file that includes proof of the trucker’s negligence and the trucking company’s financial liability.
Additional Evidence Your Truck Accident Lawyer Will Compile
Proof of the truck driver’s time on the road is only one form of evidence that can substantiate your case. The evidence your lawyer collects will also prove any other factors that contributed to your accident, including:
- Eyewitness statements
- Expert testimonials
- Accident reconstruction
- Photos and video footage
- Truck accident report
- Licensing and training records
- Trucking company dispatch records
Your case file will also prove the accident’s financial impact with documents like your medical and rehabilitation bills. It will include estimates to repair or replace your vehicle and proof of the income you lost and will continue to miss out on due to your injuries and recovery time.
What It Costs to Hire a Truck Accident Lawyer to Represent You
Most personal injury law firms will represent you on a contingency fee basis, meaning you will only compensate them after they win compensation for you. If your case does not result in a financial award, you will owe no legal or attorney’s fees at all.
800-285-HURT (4878)Available 24/7 | 356 Days | se habla español
Get a Free Review of Your Truck Accident Case
If you or someone you love was injured in a truck accident, our law firm will explain how “hours of service” regulations can impact your truck accident claim. We will prove the driver exceeded the required rest periods and was negligent in causing your accident.
Learn more about how hard we work to hold the at-fault party accountable for their actions and your financial recovery. Get started now by contacting Loncar Lyon Jenkins today.