Bend/Portland, Oregon 18 Wheeler Wreck Lawyers Explain Truck Crashes with Fatigued Truck Drivers
A fatigued driver is a dangerous driver. This is particularly true in the case of large commercial vehicle drivers, such as truck drivers of tankers, 18 wheelers, big rigs, logging trucks, and other box trucks. Our Bend, Oregon lawyers and Portland, Oregon lawyers know that even with a well-rested truck drivers, these large trucks are still inherently dangerous. But with fatigued drivers, these already dangerous vehicles become deadly instruments. This is because fatigued truck drivers have a slower reaction speed which increases the distance that a large truck needs to stop. Fatigued truck drivers are also more likely to cause errors in judgment which can cause or contribute to a serious accident. This is why there are Federal Motor Carrier Safety Administration (FMCSA) regulations which were enacted to prevent fatigued driving.
Hours of Service (HOS) Regulations by the FMCSA
The FMCSA is a federal agency which creates regulations that apply to commercial vehicle drivers and truck companies throughout the United States. These FMCSA regulations apply no matter what state the truck or truck driver is from, where it is going, or where it is presently driving in. FMCSA violations are a serious issue.
One of the most important FMCSA regulations is the Hours of Service, or HOS, regulations. These regulations are under Part 395 of 49 CFR. These regulations pertain to how long a truck driver may operate a commercial vehicle. The intent and purpose because these regulations is to combat fatigued driving by truck drivers. This is why the FMCSA regulations place certain requirements on truck drivers whom must monitor their hours in a logbook. These regulations also place supervisory and monitoring requirements on trucking companies.
The most important HOS regulations that a truck drivers must follow include the following:
- 14 hours maximum on shift;
- Followed by a minimum of 10 hours off shift;
- Of the 14 hours, no more than 11 hours may be driving the vehicle;
- Of the 11 hours driving the vehicle, no more than 8 consecutive hours driving without a 30 minute break;
- A minimum of 3 hours resting per 14 hour shift;
- No more than 60 hours on duty during any 7 consecutive days; and
- No more than 70 hours on duty during any 8 consecutive days.
Ask Our Bend/Portland, Oregon Lawyers for Help with Fatigued Truck Driver 18 Wheeler Wrecks
Fatigued truck driver cases are not normal types of motor vehicle accidents. If there is an HOS violation, it may be easier to prove that the fatigued truck driver was negligent in operating the commercial vehicle. However, if the truck driver is complying with the HOS regulations but it is believed his or her fatigued caused an Oregon trucking accident, it may be more difficult to prove that fatigued caused the trucking accident.
If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form. We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.
We handle cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Pendleton, and Hillsboro.
We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.
Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.