Due to their enormous size and weight, commercial trucks can cause catastrophic injuries in the event of an accident. To help keep motorists safe, the Federal Motor Carrier Safety Administration (FMCSA) has established regulations that govern many aspects of the trucking industry, including limiting the number of hours commercial truck drivers may work during a specific period. A Chicago truck accident lawyer is here to help you if you are involved in a truck accident.
When truck drivers violate the federal regulations designed to help keep us safe, they increase the risk of accidents. Drivers may also face stiff penalties and fines for violating the FMCSA regulations.
When drivers violating the hours of service regulations are involved in an accident, it becomes easier to prove their liability and to secure maximum compensation for injury victims. At Meyers & Flowers Trial Attorneys, our truck accident lawyers have the experience and knowledge to help identify these violations and build your strongest case.
Call (630) 280-3771 or visit our contact page and schedule a free consultation to discuss your claim.
What Are The Hours of Service Regulations?
The FMCSA established Hours-of-Service (HOS) regulations to help prevent driver fatigue and keep motorists safe. Illinois follows federal regulations for interstate and intrastate commercial drivers.
The federal HOS regulations include:
- 11-hour driving limit after a break of at least 10 consecutive hours.
- 14-hour limit that prohibits a driver from operating their vehicle after the 14th consecutive hour of being on duty, even if their on-duty time includes periods not driving.
- 30-minute breaks after every eight hours of driving.
- 60/70-hour limits that prohibit a driver from driving after 60 hours in seven consecutive days if their company does not operate every day of the week. If their company operates seven days a week, they are prohibited from driving after 70 hours in seven consecutive days.
How Hours of Service Regulations Are Commonly Violated
Drivers may violate all of the federal HOS regulations. Drivers often drive more than eleven hours after a 10-hour break or work over 14 hours after coming on duty. They also frequently skip the required 30-minute breaks and work more than the 60- to 70-hour limit over seven or eight days.
Because drivers are required to log their hours of work, they may falsify their records to show compliance when they are not.
What Are The Penalties for HOS Violations?
Drivers face stiff penalties and fines for violating HOS regulations. Exceeding the daily and weekly driving limits may be punishable by a fine of up to $16,000. They may also receive an out-of-service order, which prevents them from driving for a specified period.
When drivers falsify HOS records, they and their employer may face penalties of up to $11,000 per violation.
Violating the rest break requirements can also result in stiff fines and out-of-service orders. Drivers with repeat offenses may have their CDL suspended or revoked. Additionally, their Compliance, Safety, Accountability (CSA) score can be negatively impacted, which can be detrimental to their career.
How HOS Violations Impact Truck Accident Claims
When a truck driver has violated the HOS regulations, they may be negligent per se. This means that, because they are guilty of violating a law designed to protect the public, they are automatically assumed to be at fault. Negligence per se shifts the burden of proof to the defendant to prove they are not liable.
Contact an Illinois Truck Accident Lawyer Today
If you have been injured in a truck accident in Illinois, you may be able to recover compensation for your damages. However, insurance companies do not usually hand over payment for the full value of your claim. They will work hard to deny or devalue your damages so they can pay you as little as possible.
You need an experienced Illinois truck accident lawyer with a proven record of success to help you get the justice and compensation you deserve. The truck accident lawyers at Meyers & Flowers have helped recover over $6 billion in settlements and verdicts for our clients, and we are committed to helping you recover maximum compensation. Call (630) 280-3771 or visit our contact page and schedule a free consultation to discuss your claim.