How Do Hours of Service Regulations Impact a Truck Accident Case?

What Are the Hours of Service Regulations in Illinois?

Illinois enforces hours of service regulations through the Federal Motor Carrier Safety Administration (FMCSA), setting limits on the amount of time commercial vehicle drivers can spend behind the wheel. These regulations, overseen by the FMCSA, are crucial for ensuring road safety, especially for commercial trucks operating across the United States.

Commercial truck drivers must keep a logbook that tracks their driving hours and rest periods. By documenting their hours, drivers can record their off-duty, on-duty but not driving, driving, and sleeping (in the sleeper berth) periods in the logbook. On-duty time includes any tasks other than driving.

These regulations aim to provide drivers with more flexibility and improve overall driver safety. Research indicates that extended periods of driving can lead to driver fatigue and increase the likelihood of accidents. Critical safety incidents are also more likely to occur with longer time spent behind the wheel.

The permitted hours depend on whether the truck is transporting passengers or cargo. Property-carrying drivers are subject to specific regulations:

11-Hour Driving Maximum

The FMCSA in the United States has established the 11-hour driving limit to regulate the operation of commercial vehicles. This rule applies to truck drivers and specifies the maximum number of consecutive hours they can drive before taking a mandatory break.

Commercial truck drivers are restricted to driving for 11 hours before taking a mandatory break of at least ten consecutive hours. This regulation aims to prevent driver fatigue and reduce accidents caused by overworked drivers.

Driver fatigue contributes to accidents in the trucking industry. The 11-hour driving limit is one measure implemented by the FMCSA to address this issue and enhance road safety.

14-Hour on Duty Limit

Drivers are prohibited from being on duty beyond 14 consecutive hours after starting their shift, following and preceding at least 10 consecutive hours off duty. This rule was established to address the issue of driver fatigue among commercial drivers and enhance safety on the roads. The 14-hour and 11-hour rules work in tandem to uphold road safety.

During the 14-hour on-duty period, truck drivers are permitted to drive for a maximum of 11 hours. Following a 10-hour rest period, they can drive for a maximum of 11 hours within the ensuing 14 hours.

30-Minute Driving Break

Drivers are required to take a 30-minute break after driving for 8 hours without a continuous 30-minute rest period. This break can consist of non-driving activity for 30 consecutive minutes, such as on-duty not driving, off-duty, sleeper berth, or a combination of these activities taken in sequence.

60/70-Hour Limit

The 60-70 hour regulations pertain to the maximum amount of time a commercial truck driver is permitted to operate a vehicle within a seven or eight-day period. These rules consist of two main categories: the 60-hour rule and the 70-hour rule. The 60-hour rule restricts a driver’s total work hours to 60 hours over seven consecutive days, while the 70-hour rule limits the total working hours to 70 hours over eight consecutive days. After taking 34 or more consecutive hours off duty, a driver can initiate a new seven or eight-day work period.

Sleeper Berth Provision

The current Hours of Service rules include regulations about the time truck drivers spend resting in their vehicles. A sleeper berth is an area behind a tractor unit’s cabin used for resting, in compliance with FMCSA regulations. It is also known as a sleeper cab or truck sleeper.

Once the driving limit is reached, truckers must take 10 consecutive hours off duty before they can resume driving. This creates challenges for longer hauls or when delivery times don’t align with available Hours of Service. To address this issue, the split sleeper berth rule allows commercial drivers to split the required 10-hour off-duty time into two periods, extending their 14-hour on-duty shift.

Property-carrying drivers can divide the 10-hour off-duty period into two segments, with at least 7 hours in the sleeper berth and a minimum of 2 hours either in the sleeper berth or off-duty. The two periods must add up to at least 10 hours. When combined, these periods do not affect the 14-hour window.

The sleeper berth provision allows drivers to essentially pause the 14-hour window by taking a rest break. This added flexibility enables drivers to manage their schedules more effectively.

This flexibility is important because drivers can sometimes realize they have limited time to reach their destination or headquarters before their operating hours end, which may lead to speeding and endangerment.

Adverse Driving Conditions

The adverse driving conditions exception in the trucking industry allows drivers to exceed the maximum driving hours in unforeseen hazardous driving conditions as per FMCSA regulations. This exception enables drivers to continue driving in adverse weather, unexpected traffic delays, or other unforeseen events affecting timely goods delivery.

Truck drivers are allowed to drive for a certain number of hours per day and per week under FMCSA regulations. However, if they encounter adverse driving conditions, they may extend their driving time safely. To qualify for this exception, drivers must demonstrate that the conditions were beyond their control and made it unsafe to continue driving. They must also consider the safety of other drivers on the road.

There are limitations to the adverse driving conditions exception. First, this exception is only applicable for concluding a run if, in regular situations, the run could have been finished within a 14-hour shift and 11 hours of driving. If that’s not the case, the exception cannot be used.

Second, the exception can only be applied when the conditions were not known, or could not reasonably have been known, by a driver or dispatcher just before starting his or her shift or before starting to drive. If the conditions were known ahead of time, the exception cannot be applied.

How Do These Regulations Impact Truck Accident Cases?

When truck drivers and trucking companies fail to comply with the Hours of Service Rules, they can be held liable for the outcomes of their errors. Fatigue is a significant cause of commercial trucking accidents, and often, truck drivers experience fatigue because they have been driving for extended hours.

To establish liability for a truck accident involving a truck driver or trucking company, it is necessary to demonstrate negligence. Breaching the Hours of Service Regulations constitutes negligence, and under Illinois law, truck drivers and trucking companies can be held accountable for negligence. There are various methods that a truck accident lawyer can help you utilize to demonstrate that a truck driver was fatigued due to a violation of the hours-of-service regulation:

• Obtaining the Driver’s Log. It is mandatory for truck drivers to keep driving logs to provide evidence of compliance with the Hours of Service Regulations. If a truck driver’s log indicates non-compliance, it can support a claim for damages.
• Obtaining the Telematics Data. Even if the truck driver’s log confirms compliance, the truck’s onboard computer may tell a different story. Modern trucks gather various types of data, including speed, telemetry, and hours of service. In numerous cases, commercial trucks’ onboard data recorders are crucial sources of evidence.
• Examining Internal Documents and Correspondence. Truck drivers’ payroll records, communications between them and dispatchers, and other internal documents and communications can also be utilized to demonstrate hours of service violations.
• Testimony Under Oath. When you enlist an attorney to represent you, they can take the testimony of the truck driver, dispatcher, and other relevant individuals under oath. Faced with the consequences of perjury, they might confess to violating the Hours of Service Regulations.
• Consulting With Experts. Seek guidance from medical professionals with knowledge of sleep disorders and fatigue to assess the impact of extended hours on the driver’s alertness and safe operation of the vehicle. You may also engage accident reconstruction specialists, fatigue specialists, and trucking safety consultants who know about the 14-hour rule and its implications for truck accidents. Their knowledge will bolster your arguments, yield valuable insights, and enhance your prospects for establishing negligence.

Steps to Take After Your Truck Accident

From 2009 to 2019, there was a 48% increase in truck crash fatalities. In 2020, almost 5,000 people lost their lives in truck accidents, averaging 14 fatalities per day, and resulting in 146,000 injuries. The potential cost of truck accidents can be high. You should know what you should do after a truck accident to increase your chances of receiving the maximum compensation.

Seek Medical Attention

You should prioritize your health. In case of an injury, make sure to call emergency services or ask someone nearby to do so. Even if you don’t feel injured at first, it’s crucial to seek medical evaluation as some injuries may not be immediately obvious. Follow the guidance and treatment plan given by healthcare professionals.

Contact Law Enforcement

Inform the police about the accident and give them precise information about what happened. Make sure that an official accident report is filed, as it will record important details about the incident, such as the individuals involved, statements from witnesses, and citations given. Ask for a copy of the report for your own records.

Gather Evidence

Gather evidence at the scene of the accident, if you can. Take pictures of the vehicles, the accident site, any skid marks, and any visible injuries. Get contact details from any witnesses and ask them for their accounts of what happened. This evidence can be very important for determining who is responsible and for backing up your claim.

Avoid Making Statements

When dealing with the truck driver’s insurance company or discussing fault at the accident scene, exercise caution about providing detailed statements. Anything you say could be used against you later on. Instead, keep your discussions limited to exchanging necessary information with the involved parties and law enforcement.

Preserve Documentation

Document all medical care received, such as hospital visits, medications, rehabilitation sessions, and therapy appointments. Keep a file containing copies of medical bills, receipts, and other pertinent documents related to your injuries and expenses. These records will be crucial for proving your damages and supporting your claim.

Consult With a Personal Injury Lawyer

Why do you need a truck accident lawyer? An experienced lawyer will offer tailored advice based on your individual situation, explain your legal rights, and work to protect your interests. He or she will handle the intricate legal procedures, negotiate with insurance providers, and, if needed, represent you in litigation. You should know the questions to ask when hiring a truck accident lawyer to ensure you find one who is a good fit.

Collaborate closely with your personal injury attorney, sharing all relevant details and following his or her guidance throughout the legal process. He or she will assist in evaluating the value of your claim, gathering additional evidence, negotiating with insurance companies, and advocating for your best interests. Always consult with your attorney before accepting any offers or signing any documents to ensure you receive fair compensation for your injuries and losses.If you have been hurt or experienced damage in a truck accident, contact us at Strong Law Bloomington to find a truck accident lawyer who can assist you in seeking compensation. Our attorneys offer a free initial consultation, and you won’t pay legal fees unless we win your case.