I was hit by a fatigued truck driver. Is there a law against a truck driver being on the road too long?
The federal “Hours-of-Service” regulations (49 CFR Part 395) set strict limits on when and how interstate commercial truck drivers may drive. The regulations are designed to ensure truck drivers get the necessary rest to perform safe operations. Many states have identical or similar regulations for intrastate commercial truck drivers.
For example, the federal Hours-of-Service regulations provide the following limitations on commercial truck drivers:
- 11-Hour Driving Limit: The truck driver may drive a maximum of 11 hours after 10 consecutive hours off duty.
- 14-Hour Limit: The truck driver not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
- 60/70-Hour On-Duty Limit: The truck driver may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
- Sleeper Berth Provision: Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.
When we are investigating a truck accident case to determine if the truck driver violated the Hours-of-Service regulations, we start with the “Driver’s Daily Log,” which is basically a federally-mandated diary of how the truck driver spent every hour of every day he was driving.
To make sure a truck driver or trucking company does not destroy or tamper with the daily log, we send out what’s known as a “spoliation letter” right away. It is very important that this letter be sent as soon as possible whenever a tractor-trailer is involved in a collision. Once the letter is sent, the trucking company’s failure to save the evidence can result in an inference that the trucking company had something to hide. Read “How do I sue a trucking company for personal injury or wrongful death?”
If you or a loved one has been hit by a semi truck, please contact Eric Hageman for a free consultation.
Tags: Car Semi Truck Accident Attorney, Driver Fatigue, Hours of Service, Semi Attorney
