Special Issues to Consider in Truck Accident Cases

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For attorneys, no vehicle accident is ever completely straightforward, but accidents involving large commercial vehicles raise a number of special and complicated issues. Getting justice for injured clients in these cases requires skill, thorough investigation, and aggressive and principled advocacy. 

One of the most frequent causes of commercial truck accidents is driver error brought about by distraction or fatigue. While this can be a factor in any type of vehicle accident, the key difference in commercial vehicle accidents is that certain laws and regulations govern how long a driver may stay behind the wheel. When these rules are broken, the driver and the driver’s employer may be liable. 

Hours of service (HOS) regulations should be a consideration in every truck accident. These rules of the Federal Motor Carrier Safety Administration impose the following limitations: 

  • Truck drivers may not drive for more than 11 hours after each 10-hour off-duty period.
  • Drivers must go off duty 14 hours after coming on duty.
  • Drivers must take at least one 30-minute break every eight hours.
  • Drivers may not operate their trucks more than 60 hours in seven days or 70 hours in eight days. 

In addition, the law requires drivers to keep logbooks to document their compliance. Nevertheless, some drivers falsify these books to meet delivery deadlines. Some trucking companies even quietly encourage this conduct. This is why careful review of logbooks, manifests and shipping records is necessary in every trucking accident, especially when driver fatigue appears to have played a role. Personal injury attorneys with experience in these types of cases know what to look for and how to get the information they need. 

If you are in need of an experienced truck accident attorney, contact the Personal Injury and Litigation attorneys at The Law Offices of Young Wooldridge.

- See more at: http://www.ywpersonalinjury.com/blog/special-issues-to-consider-in-truck-accident-cases/#sthash.1yVuYNqs.dpuf

For attorneys, no vehicle accident is ever completely straightforward, but accidents involving large commercial vehicles raise a number of special and complicated issues. Getting justice for injured clients in these cases requires skill, thorough investigation, and aggressive and principled advocacy. 

One of the most frequent causes of commercial truck accidents is driver error brought about by distraction or fatigue. While this can be a factor in any type of vehicle accident, the key difference in commercial vehicle accidents is that certain laws and regulations govern how long a driver may stay behind the wheel. When these rules are broken, the driver and the driver’s employer may be liable. 

Hours of service (HOS) regulations should be a consideration in every truck accident. These rules of the Federal Motor Carrier Safety Administration impose the following limitations: 

  • Truck drivers may not drive for more than 11 hours after each 10-hour off-duty period.
  • Drivers must go off duty 14 hours after coming on duty.
  • Drivers must take at least one 30-minute break every eight hours.
  • Drivers may not operate their trucks more than 60 hours in seven days or 70 hours in eight days. 

In addition, the law requires drivers to keep logbooks to document their compliance. Nevertheless, some drivers falsify these books to meet delivery deadlines. Some trucking companies even quietly encourage this conduct. This is why careful review of logbooks, manifests and shipping records is necessary in every trucking accident, especially when driver fatigue appears to have played a role.

Topics:  Trucking Accident, Trucking Industry

Published In: Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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