How to Prove Hours of Service Violations
Truck driver fatigue is one of the most common causes of truck accidents in San Antonio, and throughout Texas. Truck drivers are under an immense amount of pressure to complete their routes and deliver cargo within strict time constraints. To do this, they often remain on the road longer than they should, and even longer than they are allowed. Any crash involving a transport truck should be investigated to determine if an hours of service violation caused the crash.
What are the Hours of Service Laws?
The Federal Motor Carrier Safety Administration (FMCSA) dictates how regularly truck drivers must take breaks while they are on the job. The federal hours of service rules govern large vehicle operators that transport property, and not passengers. These rules stipulate that truck drivers comply with the following:
- Truck drivers can operate a vehicle 11 hours after ten hours of consecutive off-duty hours.
- Truck drivers cannot operate a commercial vehicle for more than 14 consecutive hours after being off-duty for ten consecutive hours. More time off-duty does not extend this time.
- Truckers can only drive if eight hours or less have passed since the end of their last off-duty or sleeper berth period that lasted at least 30 minutes.
- Truckers cannot drive more than 60 hours in seven consecutive days, or more than 70 hours in eight consecutive days. Truckers can restart a seven or eight day period after taking at least 34 hours off duty.
While these laws may be confusing to the average person, truckers and trucking companies are well aware of them and know exactly what they mean.
How to Prove a Violation of the Hours of Service Rule
If your accident was caused by fatigued driving, you may think there is no way to prove it. Fortunately, there are many ways a lawyer will prove a violation occurred. These may include:
- Obtaining the electronic logging device all truckers are required to carry that automatically logs active hours,
- Collecting GPS records that indicate if, when, and where truckers stopped and took a break,
- Cell phone records, which can also indicate whether the trucker was resting when they were supposed to, and other actions the trucker took,
- Gathering pre and post-trip inspection records, which can determine when a trip started and ended, and
- Restaurant and hotel receipts, or a lack of receipts, can show that an hours of service violation occurred.
Call Our 18-Wheeler Accident Lawyer in San Antonio Today
It is not always easy to determine the cause of a truck accident, particularly while you are recovering from serious injuries. While fatigued driving is often to blame, this is not always easy to prove. At the Law Office of Israel Garcia, our San Antonio 18-wheeler accident lawyer can obtain the necessary evidence to prove the truck driver and the trucking company was to blame. Call us now at 210-LAW-9999 or contact us online to schedule a free consultation with our knowledgeable attorney and to get more of the legal information you need.
Source:
fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations
