August 30, 2018

 by Caruso Law Offices, P.C. | 

When Does a Truck Driver Drive too Long? FMCSA Regulations Governing Hours of Service Violation Explained by Albuquerque Trucking Accident Lawyer

We know that trucking is an interstate business, meaning that it crosses many state lines. This is particularly true in New Mexico, where interstate exchange hubs in Albuquerque allow truckers to go from east to west on I-40 to north and south on I-25. This is a critical juncture that many truckers from Ontario, California work through this exchange, as do many other truckers from across the country. As an Albuquerque trucking accident lawyer, we know that this is both essential to trucking but also dangerous as Albuquerque residents as this is the largest city in New Mexico. It is dangerous because of a possible hours of service violation.

While New Mexico laws still govern truck drivers from other states, New Mexico laws and regulations are supplemented by the more important Federal Motor Carrier Safety Administration (FMCSA) regulations. These regulations govern everything from equipment, to hiring and training, to accident reports, and most importantly how long a truck driver may operate his or her semi tractor trailer, big rig, or other large commercial truck. But sometimes these regulations are ignored, which are both hours of service violations but also major safety issues which could result in catastrophic 18 wheeler wrecks resulting in serious injuries or wrongful death. If you were injured in an Albuquerque trucking accident due to a fatigued or tired driver, there may be an hours of service violation and you should call the NM Truck Accident Attorneys by dialing (505) 308-1556.

What is an Hours of Service Violation Which Could Cause an Albuquerque Trucking Accidents

The FMCSA hours of service regulations are aimed at safety in mind. Trucking is a huge business which is tailored to time is money; the longer a truck driver operates a vehicle, the faster that the truck driver will make more money. While this is usually accepted as a appropriate moto for other professions, which our society encourages individuals who work harder and longer, when individuals are operating a massive big rig or box truck, mistakes are not just typos but people’s lives.

This is why the FMCSA hours of service regulations aim to keep truck drivers rested and operating below a set of hourly requirements. Some of the most common hours of service violations include the following:

Truck drivers may only:

  • Have a 14-hour maximum shift;
  • Drive only 10 hours of the 14-hour shift;
  • Drive for 8 hours in a row before being required to take a 30 minute break;
  • Have 10 hours off after the 14-hour shift ends;
  • Operate 60 hours or less in any 7 consecutive days, or 70 hours in 8 consecutive days; and
  • Comply with other hours of service violations.

The most common FMCSA hours of service violations are working more than 14 hours at a time, driving more than 10 hours in a 14 hour shift, and driving for more than 8 hours at a time before taking a 30 minute break. All of these common violations involve working longer and harder at the expense of your safety.

All New Mexico Trucking Accidents Should be Evaluated by Our Albuquerque Trucking Accident Lawyer for an Hours of Service Violation

Anytime individuals are hurt in a New Mexico trucking accident, an hours of service violation may be the cause of the 18 wheeler wreck. But an hours of service violation may not be so obvious as running a red light or crossing the center line, but it could be significantly more helpful in your case to ensure you recover the maximum compensation you may be entitled to.

If you or a loved one have been seriously injured in a big rig crash, call our experienced Albuquerque trucking accident lawyer to learn what you may be entitled to and how our law firm can help you. We handle cases throughout New Mexico, including in Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs, Lordsburg, or anywhere else in the state, including Albuquerque where our law office is located. Call the NM Truck Accident Attorneys by dialing (505) 308-1556 to learn how we can help. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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