In some cases, a trucking accident proves completely preventable and avoidable. Truck drivers have strict regulations that require them to receive a certain amount of rest and sleep so that they never drive commercial trucks on the roadways while fatigued or drowsy. Unfortunately, in some cases, truck drivers are determined to get their shipment of goods to the destination as quickly as possible and fail to follow the required guidelines regarding hours of service and mandatory rest periods. If you were involved in a trucking accident that was due to a violation of hours of service, contact a truck accident lawyer in St. Louis at Schultz & Meyers, LLC at 314-444-4444. We may help you get the compensation you deserve.
Understanding Hours of Service Regulations
Truck drivers must follow guidelines established by the Federal Motor Carrier Safety Administration under the Code of Federal Regulations. One of the most important guidelines regarding truck driver rest and sleep is the Hours of Service Regulations. These specific regulations mandate that truck drivers must rest or sleep during specific periods of time in order to prevent drowsy or fatigued driving, which often leads to catastrophic accidents on the roadways.
Proving an Hours of Service Regulation Violation
If you were involved in an accident with a commercial truck, you may be able to prove that the driver was liable for all injuries and damage due to an hours of service regulation violation. Every truck driver is required to keep a strict and detailed logbook regarding their hours of service and rest breaks. Additionally, in order to bolster a claim of an hours of service regulation violation, a victim must have a copy of the physical and electronic evidence regarding the actual truck that must remain in its original condition to preserve the actual evidence that the truck driver behaved negligently and failed to follow the required hours of service regulations.
In order to prove an hours of service regulation violation, a victim must have the following information and evidence:
- Complete contact and insurance information of the truck driver and any witnesses.
- The “black box” of the commercial truck, which has a complete record of specific data such as the speed of the truck, the truck’s gear shifts, the braking history, the length of time the truck driver was driving, GPS locations, specific truck, and trucking company communications, and truck driver reports.
- Daily and annual truck inspections, as well as roadside inspections.
- Daily logs of the truck driver to determine the hours driven as well as rest and sleep hours.
- Any repairs, tests, maintenance done on the commercial truck.
- All training and education of the truck driver, as well as the employment history.
- Any and all complaints against either the truck driver of the trucking company.
Obtaining all of this evidence may help bolster your claim and may help you prove a truck driver’s negligent actions and failure to follow hours of service regulations. Attempting to obtain all of this information can prove challenging. If you believe your accident involving a truck was due to drowsiness or fatigue, you may be able to prove that the truck driver failed to follow hours of service regulations. Contact a truck accident lawyer in St. Louis at Schultz & Meyers, LLC at 314-444-4444. We may help you obtain the evidence you need to build an hours of service regulation trucking accident case.
One of the most important aspects of an hours of service regulation violation case is the preservation of critical evidence. The first step is to issue a letter to all parties involved in the accident, including the truck driver, the trucking company, the motor carrier that owned the truck, and even perhaps the trucking manufacturer, if necessary. All evidence related to the trucking accident must be completely preserved, even if the trucking company or truck driver would otherwise have the legal right to destroy it. The preservation of evidence is key to proving an hours of service regulation violation. Trucking attorneys may help victims draft and send letters to ensure that these critical pieces of information are preserved.
Types of Compensation
There are two types of damages available to victims of trucking accidents: economic and non-economic.
If you suffered any kind of medical bills, lost wages, loss of future wages, or other monetary damages due to your trucking accident, you may have the right to receive compensation for those from the liable party.
Non-economic damages may include pain and suffering, mental anguish, loss of consortium, and the loss of assistance, aid, and companionship due to the injuries suffered from the trucking accident.
Consider a Truck Accident Lawyer
If you were involved in a trucking accident, you may discover that the reason for the accident was due to an hours of service regulation violation that caused a truck driver to operate their vehicle fatigued or while drowsy. If you suffered injuries in a trucking accident, consider a truck accident lawyer in St. Louis with Schultz & Meyers, LLC. Call us at 314-444-4444 for your free case evaluation.
We may help ensure the evidence in your trucking case is preserved and you have the opportunity to build a strong case.
Statutes of limitation may apply for filing your lawsuit, so call us as soon as possible. Often, the statute of limitations begins counting down from the date of your accident. Do not let your opportunity to take legal action pass you by. Call us after you receive medical attention and your injuries stabilize.