Brooklyn Hours of Service Rules Accident

Drives of large commercial trucks often drive long distances over a relatively short period of time. It is in the best interest of the trucking company and the truck driver for the driver to get each load to its destination as quickly as possible. Because of this many drivers try to drive as far as possible without resting. However, doing so is quite dangerous. In order to safely drive a semi-truck, tractor trailer or any type of vehicle, it is necessary to be alert. Otherwise, the truck driver is much more likely to cause a serious truck or car accident causing serious injuries to occupants of other vehicles. Victims of truck accidents often suffer serious injuries such as a brain injury, contusions, broken bones, internal injuries, amputations, paralysis, or spinal cord injury. Sadly, many victims of truck accidents do not survive. If you were injured in a truck accident that involved a violation of hours of service rules, it is important that you immediately contact a Brooklyn Hours of Service Rules Accident Lawyer as you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering through a personal injury claim. In addition, if while treating you for your injuries the medical professional makes a mistake resulting in a medical malpractice claim, the truck driver or trucking company may be legally required to compensate you for that as well.

Those who drive large commercial trucks such as tractor trailers are required by federal law to follow Federal Motor Carrier Safety Administration (FMCSA) hours of service rules. The rules are as follows:

• 14 hours on duty rule: A truck driver’s shift cannot exceed 14 hours. Drivers must take 10 hours off before resuming work.
• 11 hours behind the wheel rule: The maximum number of hours a truck driver can spend behind the wheel during a 14-hour shift is 11 hours.
• 60 hour/7 day rule: Drivers may not exceed 60 hours on duty during a 7-day time period if the trucking company does not operate their vehicles 7 days a week.
• 70 hour/8 day rule: Truck drivers may not work more than 70 hours during an 8-day time period if the trucking company operates its vehicles 7 days a week.
• 34 hours off rule: Before starting a new work week, truck drivers must spend at least 34 hours off-duty.

It is important to note that under the federal rules a truck driver is on “duty” not just when the driver is behind the wheel of the truck driving. A driver is also on duty when inspecting truck, load or unloading the truck, and when at the depot waiting for the truck to be dispatched.

Drivers who are tired pose a threat to other drivers on the road. Of course, a driver who is tired may fall asleep at the wheel. However, that is not the only potential problem. Even if a driver does not fall asleep, a driver who is exhausted will not be as alert or attentive. As a result, the fatigued driver may not react properly to changes in road conditions, weather conditions or traffic conditions. For example, a truck driver who is exhausted may not immediately notice that the vehicle ahead of him or her has slowed down or stopped. As a result, the truck driver may end up slamming into the rear of that vehicle, seriously injuring the passengers.

If you or a loved one was injured in a truck accident you may be able to recover damages from the truck driver, trucking company, or owner of the truck. Such damages may include:

• Medical expenses. The medical expenses that you incurred for treatment of the injury, including expenses related to an emergency room or hospital stay, surgery, and ongoing visits to the doctor. In addition to expenses that you incurred at the time you filed the lawsuit, you can also sue for future medical expenses.
• Lost income and compensation. While you recover from your injuries you may miss work. The amount of work that you miss depends on the severity of your injury and the treatment required. When you miss work you may lose both wages as well as other types of compensation.
• Pain and suffering. Pain and suffering awards are linked to both the emotional trauma and the physical pain you experienced because of the accident and injuries. For example, those who experience severe injuries often suffer depression, anxiety, frustration, bitterness, inconvenience, and mental anguish.
• Wrongful death. If a family member was killed in a truck accident, you may be able to pursue damages in a wrongful death lawsuit.

If you or a family member was seriously injured in a truck accident, New York law gives you the right to sue the truck driver or trucking company responsible. Contact Stephen Bilkis & Associates, PLLC to discuss the details of your case. As part of our investigation, we will review the driver’s log books to determine if the was a violation of the hours of service regulations. Our staff is experienced in handling claims resulting from truck accidents, as well as SUV accidents, car accidents, and motorcycle accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.