If you’re not in the trucking industry, you might not be familiar with truck driver hours of service. But this concept actually affects everyone on the road, as it’s been at the core of several personal injury lawsuits after devastating semi-truck accidents. So if you or a family member has been injured in an accident involving a truck, and you’re considering a personal injury lawsuit, it’s important to learn what the truck driver hours of service are and how they might affect your case.
What Are the Truck Driver Hours of Service?
Every truck driver is supposed to abide by the hours of service, which are rules set forth by the Federal Motor Carrier Safety Administration (FMCSA). These rules regulate the amount of hours a truck driver can drive each day, in addition to the total number of hours a truck driver can work every week. The point of the hours of service is to help ensure truck drivers are well rested, rather than overworked and too tired to be able to drive safely.
More specifically, the following are the hours of service for truck drivers who transport property:
- May be on duty for up to 14 hours after 10 hours of being off duty, but must not drive for more than 11 hours during that shift.
- Must take a break for at least 30 minutes after working for 8 hours.
- May not be on duty for more than 60 hours in 7 consecutive days, and not more than 70 hours in 8 consecutive days.
- Can only restart the 7/8 consecutive day period by taking 34 or more hours off work.
There are some exceptions to hours of service rules, such as if the driver doesn’t leave the state, only works one day a week, or encounters adverse weather. In addition, the hours of service rules are subject to change once in a while, as some logistics companies push for more flexibility on the road. But in general, it’s good to have an idea of the current hours of service terms before you and your lawyer plan on litigation for your personal injury lawsuit.
What Happens When a Truck Driver Violates the Hours of Service?
It’s critical that truck drivers pay close attention to the hours of service. After all, these rules are in place to keep everyone on the road safe. But due to the pressure to make more money, some truck drivers stretch these rules to their limits or even flat out ignore them.
If caught, those drivers can be sidelined from their job until they have enough off-duty time to be compatible with the hours of service. They may also face fines from local and state law enforcement, as well as the FMCSA. The fines could be up to $11,000 for every rule broken. In some cases, the truck drivers have to pay these fines, but in other cases, it’s their employers—which can often result in the driver losing his or her job.
If it’s found that the truck carrier knew about their employees breaking rules, they can even face criminal penalties. And of course, if a truck driver’s decision to ignore the hours of service results in injury or death to anyone on the road, the driver and truck carrier will likely face an expensive personal injury lawsuit to ensure the victim is compensated.
Why Are the Hours of Service Important?
Some people have a vague understanding of why truck drivers have to follow strict rules, but not everyone takes this seriously enough—especially many truck drivers. To comprehend why it’s so important to comply with hours of service, it’s helpful to know just how dangerous fatigued driving is.
According to the Centers for Disease Control and Prevention (CDC), fatigued driving:
- Makes it hard to pay attention to the road as you drive.
- Has an impact on your capability to make good decisions.
- Slows down your reaction time.
- Injures about 44,000 people per year.
- Kills about 800 people every year.
The point of truck driver hours of service is to increase the likelihood that truck drivers are not running on less than the recommended seven to eight hours of sleep when they’re on the road. After all, a truck driver falling asleep at the wheel can lead to devastating consequences, and sadly, it’s not uncommon.
For example, a Michigan woman was life-flighted to the hospital in serious condition in May 2019 after a semi-truck driver fell asleep at the wheel and collided with two cars. Just a couple of months later, a semi-truck driver was killed in New York when another truck driver fell asleep while driving and caused an accident.
And the same year, a truck driver was sentenced to four years in prison for falling asleep at the wheel and causing a tour bus crash in California that killed 13 people in 2016. That driver admitted to ignoring hours of service, driving well over the maximum and getting very little sleep in the 24 hours before the accident. This kind of case underscores the need for staying in compliance with the hours of service in order to save lives.
What To Do After a Devastating Accident with an 18-Wheeler
As a victim of a truck driving accident, you can’t force drivers to follow the hours of service. But you can pursue legal action when you suspect the driver was at-fault or negligent in any way. So whether you believe the truck driver who caused the accident was driving drowsy, ignoring the hours of service, or breaking the law in another manner, it’s time to file a personal injury lawsuit.
At Bennett Injury Law, one of our practice areas is commercial and 18-wheeler crashes. When you hire us, you can rest assured we have years of experience of litigation in this area, as well as a compassionate team ready to take on your case. Contact us today to schedule a free consultation!
