What Are Hours Of Service Violations In Truck Accident Cases?

What Are Hours Of Service Violations In Truck Accident Cases?

By establishing rules for truck drivers and the trucking industry, the Federal Motor Carrier Safety Administration (FMCSA) makes a continuous effort to maintain and promote safety on the road. Truck drivers are responsible for complying with hours of service (HOS) rules that limit the amount of consecutive hours and days they can drive. The FMCSA established HOS rules to prevent truck drivers from driving while fatigued, because fatigue often leads to accidents. When serious accidents occur in New York because of truck driver fatigue and an investigation reveals FMCSA violations, this evidence of negligence can be used to pursue a case.   

According to the FMCSA, roadside inspections conducted by federal and state inspectors in 2011 showed that out of 3.5 million driver inspections, more than one-third, or 1.2 million citations, were for driver FMCSA violations. HOS and logbook maintenance violations ranked high among the violations — 48 percent. Inspections revealed the following types of violations:

  • False logs
  • Failures to log
  • Non-current logs
  • Exceeding of daily and weekly driving time limits 

To further its goal of obtaining compliance, the FMCSA is currently considering imposing regulations that replace handwritten records with electronic on-board recorders (EOBRs). EOBRs use the latest technology to record driving time. Rapid identification of drivers in violation of HOS rules through the use of these EOBRs would allow for more efficient enforcement of regulations and reduce fatigue-related accidents.

By hiring an experienced NY truck accident lawyer who is well-versed in the regulations that apply to the trucking industry, you can maximize your chances at resolving your case with a favorable outcome.

At Rich & Rich, P.C., our attorneys conduct thorough investigations of truck accidents to obtain evidence of negligence and to build strong cases. If you or a loved one suffered injury in a truck accident, call us at 646.736.3999 to learn how we can help. All initial consultations are free.

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