Texas – February 27, 2021

 Truck drivers are susceptible to roadway accidents for many reasons, including maintenance problems, cargo loading problems leading to shift, manufacture defect problems in trucking parts, distracted driving, and other driver error, but truck driver fatigue is still a significant cause of accidents.  Because truck drivers are often paid by the mile, they may try to increase the miles covered in a shortened time span toward economic gain.  Some reports have shown drivers attempting to drive 12-14 hours at a stretch, leaving them tired, or fatigued. 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 personal injury 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 actually 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 damages.

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.   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.

Speak to a truck accident attorney.

Seek legal counsel immediately after truck accidents involving commercial drivers who have violated federal “hours of service” rules in Longview 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

Sources:

https://www.tandfonline.com/doi/abs/10.1080/0014013021000056980?src=recsys

https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/HOS%20Visor%20Card%20Oct%202013.pdf

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

 

https://www.fasigbrooks.com/tallahassee/

 

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