One of the most common causes of truck accidents is drowsy driving. Truck drivers are under tremendous pressure to meet very tight delivery deadlines, even if that means continuing to drive, even if they have exceeded the hours allowed to drive without taking a break. To prevent drowsy driving truck accidents, the Federal Motor Carrier Safety Administration (FMCSA) established hours of service (HOS) regulations that limit the number of hours that truck drivers may operate a commercial truck over the course of a day or a workweek. Unfortunately, truck drivers often find ways around these rules, and truck companies do not consistently enforce them. This can increase the risk of serious truck accidents.
The only thing that can make a drowsy driving truck accident more devastating is that it could have been prevented if the truck driver had obeyed the HOS rules and avoided operating a massive 80,000-pound truck while drowsy. The FMCSA created the HOS regulations to prevent drowsy driving truck accidents. The following are the current HOS rules:
- 11-hour rule: Truck drivers may not drive more than 11 hours within 14 hours. Once they have been on duty for 11 hours, truck drivers must stop driving for at least 10 hours. After 10 hours of off-duty rest, they may start another 11-hour shift.
- 14-hour rule: Truck drivers may not drive after 14 consecutive hours on duty. At the 15th hour, they must be off duty for a minimum of 10 consecutive hours.
- 60/70 rule: Truck drivers are prohibited from driving more than 60 hours in seven consecutive days or 70 hours in eight consecutive days. Also referred to as the ⅞ consecutive day period, a new shift starts only after the truck driver has spent a minimum of 34 consecutive hours off duty.
- 30-minute break rule: Truck drivers must also take a 30-minute break from driving every eight hours. A truck driver may remain on duty during those 30 minutes, provided they are not driving.
- Sleeper berth provision: Truck drivers can split their 10-hour off-duty period as long as one is at least two hours long and the other is at least seven consecutive hours spent in the sleeper berth. Sleeper berth pairings must add up to at least 10 hours.
- Adverse driving conditions: When driving during adverse conditions, truck drivers may extend the 11-hour maximum driving limit and 14-hour driving window by up to two hours.
Are There Exemptions to the HOS Regulations?
All truck drivers are expected to follow the HOS regulations at all times unless the following exemptions apply:
- 30-minute break exemption: Short-haul drivers are exempt from the 30-minute rule if they are within a radius of 150 air miles or their normal work reporting location and do not exceed a maximum duty period of 14 hours.
- 16-hour short-haul exemption: This allows truck drivers to extend the 14-hour rule to 16 hours for one out of every seven consecutive days if the truck returns to their normal work reporting location and the following apply:
- The truck driver was released from duty for the previous five hours at that specific location.
- The truck driver was released from duty before 16 hours on duty and after spending 10 consecutive hours off duty.
- Emergency conditions exemption: HOS rules may be temporarily suspended if a state or federal institution declares a state of emergency.
- Adverse driving conditions exemption: The HOS rules may be extended by up to two hours if the truck driver approaches an adverse driving condition they were unaware of or could not have been expected to know about.
How Do I Prove That a Truck Driver Violated the HOS Regulations?
If you were seriously injured in a truck accident, you may be entitled to financial compensation by filing a personal injury lawsuit against the truck driver or the truck company. To reach a successful settlement outcome, you will need to prove that the truck driver was drowsy at the time of the accident and that they violated the HOS regulations. A lawyer can take the following steps to help prove the truck driver violated the HOS rules:
- Thoroughly review the truck driver and truck company’s HOS records.
- Compare the truck driver’s records to the truck’s black box data.
- Compare the truck driver’s records to the truck’s GPS information.
It is difficult, if not impossible, to obtain data from the truck’s black box on your own. Truck companies do not give this information out willingly. An experienced lawyer can communicate with the truck company to secure this valuable information.
Your truck accident lawyer may also employ an accident reconstructionist, who will study the physical evidence from the accident scene, perform forensic analysis to determine who caused the accident, and determine whether there is evidence of drowsy driving that would suggest that the truck driver violated the HOS regulations.
Our Cincinnati Truck Accident Lawyers at Wolterman Law Office Represent Victims of Drowsy Driving Truck Accidents
If you or someone you love was seriously injured in a truck accident, you are urged to contact our Cincinnati truck accident lawyers at Wolterman Law Office at your earliest convenience. Our dedicated legal team can determine whether the truck driver violated the HOS regulations. To schedule a free consultation, call us today at 513-488-1135 or contact us online. Located in Loveland, Ohio, we serve clients in Hamilton County, Fairfield, Norwood, and Forest Park.