What is the Purpose of Hours of Service Violations? NM FMCSA Trucking Accident Lawyer Explains


May 21, 2018

 by Caruso Law Offices, P.C. | 

FMCSA Hours of Service Violations Are Dangerous and Often Deadly: New Mexico FMCSA Trucking Accident Lawyer Explains The Purpose of HOS Regulations

Hours of service regulations have a clear purpose. Falling asleep at the wheel is one of the most dangerous and negligent things that an individual driving a vehicle could do. It is almost guaranteed that someone will get seriously injured or wrongfully killed. This is particularly true on fast-moving highways and interstates, like I-40, I-25, and I-10. But when you combine falling asleep at the wheel on an interstate with a large commercial vehicle like an 18 wheeler, box truck, tractor trailer, tanker, big rig, double trailer, or another large commercial vehicle, the likelihood of serious personal injury or wrongful death exponentially increases in a New Mexico trucking accident due to hours of service violations.

Here at the NM Truck Accident Attorneys, our New Mexico FMCSA trucking accident lawyer knows that hours of service violations are very likely to contribute to most of the fatigued driving or falling asleep at the wheel trucking accidents. These conditions are usually due to negligence and can result in very serious personal injuries. Victims may be entitled to compensation for pain and suffering, lost wages, medical bills, future surgeries, and other damages. Call our firm today to learn how we may be able to help you by dialing (505) 308-1556.

What does “Hours of Service” Mean?

Since the trucking industry is nationwide, the Federal Motor Carrier Safety Administration (FMCSA) has promulgated regulations which create the minimum standard of care through all of the states. This means that trucks from Vermont with New York drivers who cause an accident in New Mexico will be responsible under the same code of regulations. This allows victims to use these regulations as a sword in their personal injury cases.

The hours of service regulations are a very important aspect of the FMCSA’s regulations. This is to combat fatigued driving and falling asleep at the wheel of a large commercial truck. This is because the trucking industry is a time is money business. The more a truck driver works and the faster a truck driver can deliver the cargo, the more money the truck driver and the trucking company will make. This incentivizes trucking companies and truck drivers to want to work as long as they physically can to make as much money as possible, even if they partake in risky behaviors such as driving with minimal sleep or deprived.

Hours of service regulations help to prevent this from occurring. This group of regulations governs how long a truck driver can operate a commercial vehicle. The most pertinent regulations under Part 395 include the following:

  • Truck drivers may only have a maximum of 14 hours on shift;
  • Truck drivers may only drive 10 of their 14 shift-hours;
  • Truck drivers may only drive for 8 hours in a row before being required to take a minimum 30 minute break;
  • Truck drivers must have 10 hours off shift after a 14 hour shift;
  • Truck drivers may only operate for 60 hours in any 7 consecutive days, or 70 hours in 8 consecutive days; and
  • Other regulations.

Involved in a New Mexico Trucking Accident Due to a Fatigued Truck Driver? Call the NM Truck Accident Attorneys

If a truck driver caused your New Mexico motor vehicle crash in Lordsburg, Albuquerque, Santa Fe, Roswell, or anywhere else in New Mexico due to fatigue or falling asleep at the wheel, call the NM Truck Accident Attorneys to learn how we can help fight for your rights by dialing (505) 308-1556 to learn what rights you may have. 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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