How Can an Hours of Service Violation Impact My Truck Accident Case?

 Posted on November 19,2024 in Truck Accidents

While it can feel difficult being told there are limits to our freedom and we cannot just do whatever we want whenever we want to, many rules and laws in a democratic society are there to keep us safe. That is certainly the case with hours of service regulations.

While a driver might think he has a different level of tolerance and can work well on less sleep than others, evidence over many years has proven that tired drivers get in more accidents. With truck accidents having the capacity to cause severe physical and bodily harm, the stakes are even higher for tired truck drivers. If you were injured in an accident with a truck, speak with a qualified Lake Zurich, IL personal injury lawyer to understand whether there is enough cause to examine whether hours of service regulations were violated.

What are Hours of Service?

The Federal Motor Carrier Safety Administration (FMCSA) enforces hours of service guidelines that place limits on the maximum number of hours commercial drivers are legally allowed to drive consecutively. There are specific rules about when truck drivers need to take breaks and how long they should be. If a truck driver violates hours of service and is then involved in a collision, this can have severe implications for their liability.

How Can You Prove That Hours of Service Regulations Were Violated?

The best move you can make when trying to prove that hours of service regulations were violated is to consult with an experienced lawyer. Legal professionals who have handled similar cases in the past know what to look for and where to look for it. You will need proof if you want your claims to be taken seriously. 

By law, truck drivers must keep detailed records of their work shifts. Their records should include information about when, where, and how long their breaks were. These records can contain proof that the driver recklessly or negligently violated the regulations. If you can get access to driver logs and other evidence and can analyze them to find insights, you might be able to establish a connection between the truck driver’s conduct and your accident. 

Implications of Hours of Service Violations on a Personal Injury Claim

If you can prove that the truck driver who collided with you violated hours of service regulations at the time of the accident, this can have a major impact on your case. First, this can help you establish the truck driver’s liability for the accident. If he ignored traffic rules and that led to him crashing into you, you may be able to hold him accountable.

Next, once the driver’s liability is determined, this can impact the compensation you could be awarded. If you were harmed in an accident caused by a driver who failed to abide by the law, you might end up getting additional compensation. 

Schedule a Free Consultation With a Lake Zurich, IL Personal Injury Attorney

If a driver who violated hours of service regulations crashes into you, speak with a skilled Lake County, IL personal injury lawyer about getting maximum compensation for your damages. At Premier Illinois Injury Lawyers, we are dedicated to holding reckless rule breakers accountable when their actions harm others. Call us at 847-721-2499 to schedule a free, private consultation.