The trucking industry is heavily regulated to ensure road safety for all drivers. Federal regulations include limits on how long a trucker may drive before they must rest. Violating these regulations may lead to a serious accident.
The Federal Motor Carrier Safety Administration (FMCSA) regulates the time a trucker may be on the road, when they must rest, and how long they must be off duty before resuming work. These regulations help to prevent fatigued driving. If a trucker falls asleep at the wheel, they may cause a severe accident. A violation of these regulations may be used as evidence in a truck accident to prove that the trucker was overly tired, and they and their employer should be held liable.
Contact our Arlington Heights, IL truck accident attorney for a free, confidential legal analysis by calling the Rhatigan Law Offices at (312) 598-0014.
What Are Hours of Service Laws for Truck Drivers in Illinois?
The FMCSA regulates the time a truck driver may work and be on the road. A violation of these regulations could be evidence of negligence on the part of the truck driver and their employer.
Starting a Work Shift
Truck drivers must have at least 10 consecutive hours off work before beginning a new shift. A truck driver may not drive after 14 hours on duty (including break times). Truckers who continue driving beyond the 14th hour may be in violation.
Driving Time
During the 14-hour period after a truck driver starts a shift, they may drive for no more than 11 hours. Driving more than 11 hours within this 14-hour period violates federal regulations.
Driving is not allowed if more than 8 hours of consecutive driving time has passed without at least one consecutive 30-minute break.
Truck drivers may not be on duty for more than 60 total hours in any consecutive 7-day period or more than 70 hours in any consecutive 8-day period. If a driver is on duty for 7 or 8 consecutive days, they must be off duty for at least 34 consecutive hours.
Why Hours of Service Regulations Exist
These regulations seek to prevent truck drivers from getting behind the wheel of an extremely powerful and dangerous vehicle when they are too tired to focus. If truck drivers are on the road for too long or are overworked by employers, they are more likely to doze off and cause serious accidents.
How Hours of Service Violations May Affect Your Lawsuit for a Truck Accident
If we believe the truck driver violated federal hours of service regulations, we need evidence. If we can prove it, we may argue that fatigued driving caused the accident, and the trucker and their employer should be held liable.
Negligence Per Se
Negligence per se is a legal doctrine that states that if a defendant violates a rule or law enacted to ensure safety, the violation establishes a duty and a breach of that duty.
For example, if a truck driver exceeds federal hours of service limits and causes an accident, the fact that they broke this rule establishes negligence.
Was the Crash Preventable?
A major component of liability in a truck accident is determining whether the accident was preventable and, if so, how it could have been prevented.
Evidence that the truck driver was driving in violation of federal hours of service regulations may show that the accident was preventable. Had the driver stopped to rest as required by federal regulations, the accident might not have occurred.
Arguing Tired Driving
Tired driving is a major factor in many truck accidents. If the truck driver was driving in violation of federal hours of service regulations, our Illinois truck accident lawyers may have a strong claim for fatigued driving, even if the truck driver insists they were not tired.
Trucking Company Liability
Did the trucking company allow drivers to violate federal hours of service regulations? Did the trucking company enforce policies that violated these federal regulations? Did the truck drive violate these regulations on their own?
Answering these questions may mean the difference between arguing direct or vicarious liability for the trucking company. If the trucking company knew, or even compelled, drivers to drive for too long in violation of federal regulations, it may be directly liable. However, if the truck driver violated these regulations on their own without the trucking company’s knowledge or permission, we might instead argue vicarious liability.
Possible Punitive Damages
Punitive damages are typically available when the defendant is shown to have had an “evil motive,” or they had an outrageous and reckless indifference to the safety and rights of others on the road.
Driving while tired, especially if they have done it before, may be grounds for punitive damages. We can argue that knowingly driving while tired demonstrates reckless and outrageous indifference to other drivers’ safety.
How Do You Prove a Violation of Hours of Service Regulations in a Truck Accident?
If we want to argue that the truck driver caused the accident because they were overly tired, we need some articulable evidence that they violated hours of service regulations.
Event Data Recorders
Many large trucks have event data recorders that record various data points about the truck’s journey. These devices may log each time the truck driver hits the brakes, accelerates, stops, or pulls over. This data may reveal whether the truck driver took required rest breaks or continued driving without breaks.
Driving Logs
Truck drivers typically log the time they spend on the road. They may maintain their own logs, or their driving time may be logged electronically each time they start the truck. We should demand access to any driving logs from the day of the accident.
Testimony
The truck driver may admit they were driving beyond federal limits if the trucking company forced them to drive for too long. The trucker might claim they drove for too long because they believed it was the only way to keep their job, thereby shifting the blame to the trucking company.
Who is Liable for a Truck Accident Involving Hours of Service Violations?
When an accident occurs because a truck driver violated hours of service regulations, the trucker and their employer may be held liable. The trucker may be liable for actually causing the accident.
Meanwhile, their employer, the trucking company, may be held vicariously liable because the accident happened within the scope of their employee’s job or directly liable if they hired a dangerous driver or allowed/encouraged drivers to violate hours of service rules.
How Do You Obtain Evidence to Prove Fatigued Driving in a Truck Accident Case?
If the truck driver or the trucking company has evidence that we need, we may obtain access to it during the discovery phase. During this time, each side must exchange relevant evidence, allowing each party to build the strongest possible case. If the defendants refuse to provide evidence we need, we may ask the court to compel production or impose sanctions.
Is Fatigued Driving a Common Problem?
Yes, and it happens more often than you think. Despite federal regulations, many trucking companies push their drivers to exceed the limits established by those regulations. If you are injured in an accident, one of the first things we should determine is how long the truck driver had been on the road without a rest.
Ask Our Illinois Truck Accident Lawyers for Help with Your Case
Contact our Chicago, IL truck accident attorney for a free, confidential legal analysis by calling the Rhatigan Law Offices at (312) 598-0014.
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