According to the Federal Motor Carrier Safety Administration (FMCSA), there are certain safety regulations truck drivers have to follow in order to remain on the good side of the law. Apart from having the proper driving qualifications for the state in which the truck is being driven, truck drivers also have to make sure they follow the appropriate Hours of Service.
In Nebraska, truck drivers need to observe the following rules regarding their Hours of Service:
- Truck drivers are allowed to drive for 12 hours after having 8 consecutive hours off from driving
- Truck drivers cannot drive after 16 hours of duty after 8 consecutive hours off from driving
- Truck drivers are not allowed to be on duty after 70 consecutive hours across 7 days or 80 consecutive hours across 8 days
If truck drivers fail to follow the above rulings they will have to face legal consequences. If a truck driver gets into an accident and it is discovered that they had violated their Hour of Service regulations, they can be fined more severely. The reason these regulations have been put in place is to prevent truck driver fatigue. Truck drivers have to spend long hours on the road and this can cause them to get tired and sleepy. Naturally, feeling sleepy when trying to control such a large vehicle amongst heavy traffic can have disastrous results and that is why there are such serious legal consequences for anyone who is found to have violated these regulations.
If a person has been hit by a truck driver who was fatigued, a truck accident lawyer in Kearney, NE, will look through the truck drivers driving log, and driving records to discover whether they had been driving beyond their hours of service or whether they had been on schedule. If they had violated their hours and had been driving too much then they can easily be held accountable for their actions and the person who was hit can get their compensation more easily.
How do I prove the truck driver was at fault for the accident?
The main factor which needs to be proven after a truck accident is that there was negligence on behalf of the truck driver or on behalf of a third party. If a person can prove that a truck driver, or a third party such as the trucking company, failed to behave responsibly and their lack of responsibility resulted in the damages then they can be compensated for their losses. The losses which generally come after a truck accident are often very expensive to recover from and if a person does not take the help of a legal professional, they may end up missing out on compensation which they rightfully deserve.
A person should get in touch with a legal representative at their earliest convenience to make sure they get through the legal process as quickly as possible while receiving as much financial compensation as they possibly can.