Truck accidents can be catastrophic, especially when there are hours of service (HOS) violations involved. The reason for this is that fatigue-related accidents often occur at high speeds, causing severe bodily injuries as well as property damage to everyone involved.
HOS regulations are designed to keep roads safe and they are enforced by the Federal Motor Carrier Safety Administration (FMCSA). However, trucking companies and drivers may flout or flat-out ignore these rules in order to meet their quotas – a practice that can easily lead to accidents involving other vehicles on the road.
Here’s everything you need to know about HOS violations.
What Are HOS Regulations?
What is an HOS violation? To answer this question, we first need to understand Hours of Service regulations.
In short, HOS laws are federal regulations that limit how long truck drivers can spend behind the wheel in order to prevent accidents related to slow reactions and other signs of fatigue and tiredness.
As we mentioned earlier, the FMCSA is responsible for enforcing these laws, but it’s also important to note that Washington has its own set of regulations that also have to be observed.
Here are some HOS requirements that drivers and trucking companies have to follow.
- Truckers can drive a maximum of 11 hours after being off-duty for 10 consecutive hours
- Drivers have to take a mandatory 30 minutes of rest after 8 consecutive hours of driving
- Truckers cannot exceed 60 hours on duty in 7 days nor 70 hours in an 8-day period
- Electronic Logging Devices (ELDs) have to be used to track driver activity
- Violations can incur fees, financial penalties, and potential disqualification
Common Types of HOS Violations
Now that we have discussed the HOS violation meaning, let’s take a look at the most common types of infractions and the impact that this type of action can have.
Working Hour Limit
Working hour limit violations refer to infractions that are handed out when drivers exceed 60 hours in 7 days or 70 hours in 8-day period regulations. As you can imagine, this may contribute to slower reaction times, poor judgment, and other factors leading to a crash.
Taking Breaks
Taking breaks after a certain number of hours is mandatory, but there are still many trucking companies and even drivers that decide to overlook this rule completely. Needless to say, not taking regular breaks can increase fatigue as well as the chances of an accident.
Weekly Limits
There are companies that not only encourage but also require drivers to work past the 60 or 70-hour service limit. We’ve discussed this previously in this piece, but this is basically the maximum number of hours that truckers can drive in a 7 or 8-day period. Going over this weekly cap constitutes a violation because it increases the risk of an accident.
Not Using ELDs or Falsifying Records
ELDs are designed to independently track the location and some actions that truckers take automatically. However, some trucking companies have been slow in their implementation, while still allowing their fleet to continue operating with a rudimentary tracking system, if any at all. This is not only a grave violation, but one of the most irresponsible steps a trucking company can take.
Misusing Sleeper Berth Rules
Sleeper berth rules are designed to provide more flexibility by splitting up mandatory rest hours. However, it’s common for truckers to save these rest blocks and utilize them at their own convenience, which is a problem given that the idea of sleeper berths is to have well-rested truck drivers on the road.
This type of violation doesn’t only increase the risk of a bad accident, but it can also be used as evidence of negligence in a legal claim.
How HOS Violations Contribute to Truck Accidents
If the trucker or company involved has recently received an HOS violation fine, it may play well for your case. Moreover, it’s important to understand just how an HOS violation can cause a truck accident.
- Attention Span: Tired and fatigued drivers have a shorter attention span, which means they have a more difficult time focusing on the road for long periods.
- Driver Fatigue: Besides a shorter attention span, fatigue can also cause drowsiness, disorientation, and other symptoms that present additional dangers on the road.
- Reactions: Your reactions can also be a lot slower when you haven’t rested properly, so simple maneuvers can become more difficult and potentially dangerous when tired.
Proving HOS Violations in a Truck Accident Claim
The FMCSA uses a points-based chart to determine the severity of a violation. Companies and truckers are fined accordingly when found responsible for a violation – but this hinges on proving your case in the first place.
The good news is that you don’t have to take on this process by yourself. At Coluccio Law, our team of HOS violation experts has the knowledge and experience you need to build a winning case. Get in touch with us today to learn more about getting a winning legal team to work on your case.
Contact Coluccio Law Today
Suffering injuries and property damage as a result of a trucking accident can be devastating, especially if the collision occurs at a high speed. If this is the case for you or a loved one, it’s important to get the medical care and other resources you need to focus on your recovery.
The best way to do this is to hold the responsible party accountable, especially if HOS violations have played a role. We hope that the article above tells you everything you need to know about HOS violations and how they could’ve influenced your accident.
At Coluccio Law, we’ve carefully studied HOS regulations and have helped countless victims get the compensation they deserve due to the clear correlation between the violations and their injuries. Get in touch with us today if you have been involved in a truck accident and our team of HOS law experts will be glad to help.
