Hours of Service Violations in Oklahoma City
Commercial trucks are critical to the nation’s supply chain. Because trucks cross state lines and national borders, the trucking industry is subject to federal regulation.
The Federal Motor Carrier Safety Administration (FMCSA) puts many regulations in place to minimize the risk of accidents. One of the most essential trucking industry regulations limits a driver’s Hours of Service (HOS). Violating HOS limits in Oklahoma City or elsewhere increases the risk of truck accidents and leaves the driver or the trucking company liable for the injury victim’s damages.
Understanding Hours of Service Regulations for Truck Drivers
Commercial truck drivers who operate “big rigs,” or any truck weighing over 10,001 pounds, must not only abide by the industry’s hours of service limits, but also keep careful records of their driving hours. A driving log becomes a critical record for tracking a driver’s hours of service to ensure they meet the following limits:
- A truck driver can drive no more than 11 hours after 10 consecutive off-duty hours
- A driver can have no more than 14 hours on duty (including non-driving hours) after 10 consecutive off-duty hours
- Drivers must take mandatory 30-minute rest breaks after driving eight hours
- In every consecutive 7-day period, drivers cannot be on duty for more than 60 hours, or no more than 70 hours in 8 days
- Drivers must have 34 off-duty hours to reset their seven or eight-day work cycle
Hours of service limits help reduce driving fatigue and drowsy driving, minimizing accidents caused by tired drivers.
What Happens When Truck Drivers Violate Hours of Service Regulations In Oklahoma City?
When a driver is on the road for more than the allowable driving hours, neglects to take mandatory breaks, or begins a work cycle without a 34-hour off-duty period, it violates the FMCSA’s Hours of Service regulations.
Law enforcement officers may examine a truck driver’s logbook or digital log and have the authority to order the driver off the road. The driver must stop driving immediately until they can legally re-enter a driving period. Additionally, the driver or their employer is subject to fines of up to $16,000, depending on the extent of the violation.
Law enforcement and the FMCSA take driving hour violations very seriously. A drowsy driver in an 80,000-pound truck is a substantial danger to others on the road.
Liability for Damages After an Oklahoma City Hours of Service Violation
After a truck accident in Oklahoma City, one of the first considerations is the driver’s hours of service. If a truck driver violated HOS regulations during an accident, they may be liable for the accident victim’s damages. If the trucking company compelled the driver to violate HOS regulations, hired an inexperienced driver, or failed to monitor driving hours, the company may be liable for damages.
Damages to personal injury victims in these types of accidents often include medical expenses, lost earnings, future income loss, and compensation for pain and suffering. Catastrophic injury victims may require additional compensation for permanent harm such as disfigurement, disability, or diminished quality of life. After a truck accident fatality caused by a driver in violation of hours of service limits, a close surviving family member may make a wrongful death claim.
How Can a Truck Accident Lawyer Help?
Proving liability for a truck accident is seldom an easy task, particularly when trucking companies and their powerful insurers look to protect their profits at the injury victim’s expense by pointing their fingers at other parties or shifting liability to the injury victim.
If you or a loved one was involved in a truck accident due to an HOS violation in Oklahoma City, call Dan Davis Law at (405) 543-1257 for experienced representation to help you navigate the complex legal claim process.