How does federal law affect commercial truck driver fatigue in Arlington Texas auto crashes?

Texas – September 13, 2022

The size discrepancy between a semi-tractor trailer and a passenger vehicle has been known to cause significant catastrophic damage to passenger vehicles and their operators in Texas.  Some reports have shown tractor trailer drivers attempting to drive 12-14 hours at a stretch, leaving them tired, or fatigued and creating increased danger to automobiles. Other studies have shown that flexible approaches to managing the scheduling and sequencing of deliveries assisted truck drivers in managing their own fatigue problems through appropriate break-taking.  Victims of truck driving accidents should contact experienced auto accident attorneys to build a case utilizing all pertinent information to support negligence, including the possibility of truck driver fatigue.  

 

Federal Hours of Services Rules.

The federal law guiding truck driver actions on “hours of service” to reduce the possibility of dangerous driving due to fatigue includes:

    • Driver logbooks of driving hours,
    • Illegal to drive more than 11 consecutive hours unless a 10-hour break has been taken,
    • Drivers should not drink alcohol, or take other drugs 8 hours before a driving shift, 
    • Drivers must take a 30-minute break during the first eight hours of a shift,
    • Drivers are allowed to work a maximum of 14 consecutive hours, of which only 11 hours can be spent on the road,
    • Drivers cannot drive after 60 hours on duty in 7 consecutive days, 
    • Drivers cannot drive after 70 hours on duty in 8 consecutive days,
    • Drivers can start their work week at zero hours, if they take two and a half days off from work at any given time. 

Recoverable damage compensation. 

The extent of damage to property, personal injuries, or wrongful death by accident victims may exceed the negligent party(ies) insurance policy limits, leaving injured drivers to initiate legal action to cover full damage compensation.  Damages covered include medical bills, lost wages, property damages.  After an accident, experts will review police and medical reports, assess the accident scene, talk to witnesses and accident parties and value relevant personal injury and property losses.   An experienced accident attorney is instrumental in this process.  

 

Statute of limitations to file claim.  

In Texas, a victim has two years to file a claim for personal injury, property damage, or wrongful death, unless a death occurs on a different date, then the wrongful death claim can be paused for up to one year following the date of the death.  Accident victims, or their loved ones should speak with a Texas accident lawyer regarding assigned negligence in a case where injury, or wrongful death occur.

 

Hire an experienced Texas accident lawyer. 

Seek legal counsel immediately after truck accidents involving commercial drivers who have violated federal “hours of service” rules in Arlington Texas.  The Cooper Law Firm can assist in insurance claims and legal action for personal injury and property damages, or file wrongful death actions when someone is killed in a truck accident in Texas.

Cooper Law Firm
Mailing Address: P.O. Box 2222
Longview, TX 75606
Physical Address: 501 N Third St,
Longview, TX 75601
Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035