Truck drivers are expected to drive long hours alone, often overnight and for many days at a time. Extensive driving times put truckers at risk of feeling drowsy, fatigued or falling asleep behind the wheel of a big rig – placing other road users in significant danger. Violations of federal laws known as the hours-of-service (HOS) regulations contribute to truck driver fatigue and may be necessary to prove by you or your Las Vegas truck accident attorney.
What Are the Federal Hours-of-Service Regulations?
One of the many national trucking laws that the Federal Motor Carrier Safety Administration enforces is the hours-of-service rule. “Hours of service” refer to periods of time when a truck driver is actively operating a commercial truck. Under HOS rules, truck drivers are only permitted to be on duty for a limited number of hours before they lawfully must take breaks or rest. Currently, the HOS restrictions impose a 14-hour daily driving window. Truckers are allowed a work period of up to 14 consecutive hours, in which they may drive up to 11 hours after being off duty for at least 10 consecutive hours. At the end of the 14-hour period, a driver may not drive again until spending at least 10 consecutive hours off duty. In addition, a driver may not drive if more than 8 hours have passed since the last break of at least 30 minutes. Finally, no truck driver may drive more than a weekly limit of 60 hours in a 7-day period or 70 hours in an 8-day period (depending on the motor carrier’s operation). These HOS limits apply to all property-carrying commercial motor vehicle drivers.
What Are the Dangers of Exceeding the HOS Limits?
Violating the HOS rules increases the odds of a truck driver causing an accident due to fatigue or exhaustion. Driving for too long without a rest break can lead to brain fog, distraction, daydreaming, inattention, muscle weakness, reduced reaction times, slower reflexes and poor judgment. These issues can interfere with a truck driver’s ability to properly and safely control an 18-wheeler, potentially leading to accidents such as rear-end or head-on collisions.
What Evidence Can Be Used to Prove an Hours-of-Service Violation?
If you get injured in a truck accident in Las Vegas where you suspect the truck driver of violating the federal HOS laws, you need clear and convincing evidence to prove your personal injury claim. Potential sources of evidence include:
- Electronic logging devices (ELDs): trucking companies are legally required to keep records of a driver’s driving time through the use of a monitoring technology known as an ELD. Obtaining this data can provide information about how long a truck driver was driving without a break prior to the crash.
- The truck’s black box: a data recorder installed on most commercial trucks can provide information about the truck’s location and route through GPS, which can be compared to a driver’s hour log to determine if the HOS limits were exceeded (e.g., the truck was in motion when it should have been parked).
- Witnesses: evidence from eyewitnesses who saw the truck accident occur or expert witnesses – specialists with expert-level knowledge of a certain topic connected to the case – can help prove that a truck driver was in violation of the HOS rules and that this resulted in a drowsy driving collision.
Trucking companies often do their best to conceal or even destroy evidence after a truck accident. The best way to prevent this is by contacting an experienced injury lawyer in Las Vegas as soon as possible. A lawyer will immediately take steps to preserve and gather key evidence to help prove your drowsy driving truck accident claim. This includes obtaining records and documents that prove an HOS violation.