Accidents and Service Hour Violations by Truckers

We live in a society where nearly every study shows we do not get enough sleep. For several years, the Centers for Disease Control (CDC) has warned most adults, and few teens are getting sufficient amounts of sleep. Many of us have headed off to work in the morning without a good night’s sleep and wound up working late because someone called in sick or showed up late—we wind up working an hour, two, or more beyond when our normal shift ends.

There is little doubt, the long workday and lack of sleep conspire against us and we feel drowsy while driving home. While driving drowsy is dangerous regardless of what type of vehicle you are operating, it is even more dangerous when you operate a big rig.

Because of the dangers posed by drowsy driving, The Federal Motor Carrier Safety Administration (FMCSA) imposes specific rules pertaining to operators of a big rig. These rules lay out in explicit terms the number of hours a driver may operate a truck without taking a rest break as well as rules pertaining to sleep time versus work time. Florida follows two sets of guidelines depending on the trucker’s work: Those who work in only Florida follow the intrastate hours of service rules while those who work in other states will follow the FMCSA guidelines.

These guidelines apply in Florida:

• Any driver who remains completely off duty for 10 consecutive hours may drive for up to 12 hours
• Drivers may not work after 16 hours even after 10 hours off duty
• Drivers who work seven or eight consecutive days must not drive if their drive time exceeds 70 or 80 hours respectively (10 hours per day)
• Drivers who have hazmat placards or who have exceeded 150 air miles must maintain a long book

Drivers may need to follow other requirements to ensure the safety of everyone on the road. However, when they fail to follow these rules and get sufficient sleep, drivers can cause an accident.

Poor Rest Habits and Accidents

Accidents caused by drowsy driving are some of the easiest to prevent. However, going back as far as 2017, the National Highway Traffic Safety Administration (NHTSA) addresses the fact that thousands of lives are impacted annually by drowsy driving. When the driver of a truck starts dozing off at the wheel, accidents can occur very easily because the driver cannot always recover from the error of taking his or her eyes off the road.

The National Institutes of Health (NIH) devotes a significant amount of research into what can occur physically when someone does not get the rest they need, including episodes of “microsleep” where we simply doze off unexpectedly. If this should happen when a truck driver is operating a big rig some of the following types of accidents can occur:

• Rear end collisions – If a driver dozes off even momentarily, they can accelerate without being aware of it and run into the rear end of another vehicle. This can also set off a chain reaction involving multiple vehicles.
• Sideswipe collisions – Drivers who are not paying attention to the road can veer off into other lanes resulting in sideswipe collisions which can cause serious injury to the occupants of the other vehicle.
• Jackknife accidents – While these types of accidents are fortunately the least common, a drowsy driver cannot always make the proper maneuvers to ensure their truck does not jackknife on the roadway.

Protecting Yourself Following a Truck Accident

Like any accident claim, you must prove a driver was at fault. In the instance of a violation of service hours, these claims may be far more challenging to document unless you can obtain copies of the driver’s log. These logs should document the driver’s progress, including when they started work, when they reached certain stops, and when they were off duty.

However, in the case of an intrastate driver, other tools can help your truck accident attorney determine if the driver failed to abide by hours-of-service rules including:

• Receipts for fuel and tolls – Often, it is possible to reconstruct a driver’s hours by determining when they stopped for fuel, when they paid tolls, when they passed through a weigh station, and when they stopped for meals. These records should be obtained as soon after an accident as possible to ensure their integrity. A truck accident lawyer can help you obtain these records.
• Cellular and GPS activity – Your attorney can request certain records as part of the investigation into the accident including cell phone data and GPS data. This information can be analyzed to determine whether there was a violation of the rules which all truckers are required to adhere to.
• Internal GPS systems – Many trucks have the Qualcomm system, or similar system, which tracks the location of a vehicle as well as the speed at which a vehicle is traveling. This information could be used to demonstrate whether the truck logbooks are accurate and help determine whether the driver was adhering to hours-of-service rules.
• Inspection records – One of the most valuable tools your attorney has is the truck’s inspection records. FMSCA rules require trucks to have both a before and after inspection, which provides the date and time of the inspection. If the driver’s logbooks do not agree with this, it could show a time violation.
• Other records – Bills of lading, electronic records, and other records which the trucking company may maintain including payroll records can be used to piece together a more complete picture of the activities of a driver.

Keep in mind, most people do not know what information they may need to prove a driver was violating rest and break time requirements. This is why it is important to work with an experienced truck driving accident attorney as soon as possible following an accident when you have suffered an injury.

Trucking companies and drivers who know there are violations of service hours will take steps to shield these records from victims. Not only are they going to fight your claim, but they will also attempt to protect themselves from fines, and other sanctions for these types of violations.

Understanding the Truck Accident Claims Process

The truck accident claims process can be complicated. Not only do you potentially have a driver who is responsible for the accident, their employer may also share some of the liability. This is especially true if the driver is violating service hours rules. Truck drivers do not always decide to violate these rules on their own—they do it with the consent or at the direction of their employer. This means the employer also shares in the liability associated with your losses following a truck accident

Most victims of truck accidents do not know where to start to generate a claim following an accident. Insurance companies know this and will often take steps to mitigate their losses by reaching out to a truck accident victim as soon as possible following an accident. This is because they hope you do not seek legal help—they know most victims will get a higher settlement if they have legal assistance.

Losses Associated with Truck Accident Claims

A truck accident attorney can help you with the claims process following a truck accident. They can help ensure evidence needed to demonstrate a service hour violation occurred is preserved and analyzed. Additionally, they can help determine the long term financial consequences of your injury. Victims often do not know how to determine what compensation they may be entitled to after an accident.

Victims who suffer an injury following a truck accident may file a claim for:

• Wages lost – This includes your hourly wages while you recover, wages you may lose keeping doctor’s appointments when needed for follow-up care, and any amounts you may lose for rehabilitation and other medical care from the injuries you suffered in a truck accident. Should you be forced to use vacation and sick time as part of your time out of work, you may seek compensation for these losses as well.
• Medical expenses – Any injury can result in hospitalization, the need for specialized tests like CAT scans, X-rays, or MRIs. These tests can be costly, and your own medical insurance may not cover them meaning you may need to pay out of pocket. Discuss these issues with your attorney because other expenses including prescriptions, medical devices, and even ambulance rides can be part of your claim.
• Other costs – Victims of a truck accident have likely suffered damage to their vehicles and may have other costs associated with their injuries. For example, if a truck accident victim took their children back and forth to school, watched children after school, or was responsible for certain household chores that they could not do because of their injuries, they may need to hire someone to fill the gap. These expenses can be included as part of a truck accident claim.

Working with an experienced attorney with a proven track record of success does not always guarantee you a successful outcome. However, the fact is, having a legal advocate who is fighting on your behalf is always better than trying to take on the insurance company on your own.

Dealing With Attorney Costs for Truck Accident Victims

Truck accident victims are rightfully concerned with their finances. Depending on the severity of injuries, you could be facing weeks or even months of recovery time. This means you may be out of work for an extended time and facing new and mounting financial problems because you can’t collect a paycheck.

Truck accident lawyers will offer victims a free consultation where they have an opportunity to discuss their case and find out what options they have available to them to hold the responsible parties accountable. Once you understand your options, you can then decide the best way to move forward. The good news is you will not have to hire an attorney who is going to charge you by the hour—instead, you will pay a set fee determined by the law firm representing you.

You do not need to pay this fee upfront. Truck accident victims will sign a contingency agreement with a truck accident attorney that explains the fees the attorney will charge. What this means is that unless the lawyer obtains a financial settlement, you will not pay any fees for their services. In most cases, these fees are a percentage of any settlement they obtain for you.

Your fee will typically include all the investigative work your attorney will do to determine who was at fault for the accident and who is financially liable for your injuries. Your attorney will also handle all negotiations with the insurance companies involved—in many cases, this is a minimum of two companies, the driver’s insurer, and their employer’s insurer. This allows you to focus on what is most important: Getting back to your pre-accident physical health.

There is a lot to think about following a truck accident. Contact an experienced truck accident attorney as soon as possible to make sure you are protected. Hiring an experienced lawyer who focuses on protecting victims and not on insurers who are determined to protect their bottom line can give you a great deal of peace of mind. When you or a loved one were injured in a truck accident and you believe the root of the problem was due to a service hour violation, contact an attorney who has experience handling these types of cases.