It is widely known that the working hours for truck drivers are regulated by the law. This is done to avoid instances of driver fatigue, given that truck drivers usually operate over long distances with little to no time for rest in between.
The Federal Motor Carrier Safety Administration regulates the trucking industry hours of service to reduce accidents involving large trucks and buses. If you are in an accident with a commercial truck, you need to ascertain whether the driver was operating within the allowed timelines since it could affect your claim.
Why does it matter?
Sometimes, drivers or their employers could violate these rules for financial gain. If a driver violates the hours of service, that is negligence on their part. They could be liable for the accident, and, in some instances, the trucking company may carry responsibility if it encouraged its drivers to violate the hours of service.
If it is not clear who is at fault for the accident, but it is established that the truck driver violated the hours of service, responsibility could shift to their side.
How can you prove it?
There are many ways to prove that a driver exceeded the federal hours of service. One of them is by looking at the trucker’s driving log, which contains information about the trucker’s trip. It may be necessary to verify your findings with cellular or electronic data due to the possibility of incorrect entries in the log.
A trucking accident claim can get complicated due to the number of parties involved. Therefore, you need to proceed carefully and ensure you get full compensation for your damages. Knowing what to expect in your trucking accident claim will help you take the right actions to strengthen your claim.
