Hours of Service Violation
What Are Hours of Service (HOS) Regulations?
Hours of Service (HOS) regulations are federal rules designed to limit the number of hours a commercial truck driver can operate to reduce fatigue-related accidents. These rules, established by the Federal Motor Carrier Safety Administration (FMCSA), require drivers to take breaks and limit driving hours within a set period. For instance, most truck drivers are restricted to 11 hours of driving after 10 consecutive hours off-duty.
The regulations aim to address the dangers of driver fatigue, a leading cause of truck accidents. Fatigued drivers experience slower reaction times, impaired decision-making, and an increased likelihood of falling asleep at the wheel. These risks make HOS compliance critical for roadway safety.
HOS rules also include mandatory rest breaks and limits on the number of hours a driver can work during a seven- or eight-day period. These measures ensure drivers have adequate time to rest and recover before resuming their duties.
Common Hours of Service Violations
HOS violations occur when drivers or trucking companies fail to adhere to the FMCSA’s regulations. One common violation is exceeding the maximum allowable driving hours. Drivers under pressure to meet tight deadlines may bypass these limits, increasing the risk of accidents.
Another frequent violation involves falsifying logbooks. While electronic logging devices (ELDs) have made it harder to manipulate driving records, some drivers and companies still find ways to circumvent the system. This unethical practice puts everyone on the road in danger.
Additionally, skipping mandatory rest breaks or failing to maintain accurate records can result in HOS violations. These infractions not only endanger public safety but can also lead to hefty fines and penalties for drivers and companies.
The Consequences of HOS Violations
Hours of Service violations significantly increase the risk of accidents, leading to severe injuries and fatalities. Fatigued drivers are more prone to making mistakes, such as drifting out of their lane, missing traffic signals, or failing to react to sudden changes in traffic conditions.
When an accident occurs due to HOS violations, the trucking company may also be held accountable. Companies that pressure drivers to ignore regulations can face legal and financial consequences. This accountability is essential for creating a safer trucking industry.
Victims of truck accidents caused by HOS violations often suffer life-altering consequences. These can include catastrophic injuries, emotional trauma, and financial hardship. Legal action may be necessary to secure compensation and hold negligent parties accountable.
Proving an Hours of Service Violation Case
Building a case for an accident caused by HOS violations requires thorough investigation and evidence collection. Electronic logging device (ELD) data is often a key piece of evidence, as it records driving hours and breaks. Reviewing this information can reveal whether a driver exceeded legal limits.
Witness testimony, driver schedules, and maintenance records can also support the case. Additionally, analyzing communication between the driver and trucking company may uncover whether the company pressured the driver to violate HOS rules.
An experienced attorney is essential for navigating these complex cases. They can work with accident reconstruction experts, analyze evidence, and identify all liable parties, ensuring victims receive the justice and compensation they deserve.
Contact Trusted St. Louis Truck Accident Lawyers
If you’ve been injured in a truck accident caused by an Hours of Service violation, Kevin Etzkorn Law is here to help. Our St. Louis truck accident lawyers are dedicated to holding negligent drivers and trucking companies accountable for their actions.
HOS violations put everyone on the road at risk, but you don’t have to face the aftermath of a truck accident alone. Our legal team has the experience and resources to investigate your case, gather evidence, and fight for the compensation you deserve.
Contact Kevin Etzkorn Law today for a free consultation. Let us help you take the first step toward justice and recovery.
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