Injured Due to Hours of Service Violations: Oregon Trucking Accident Lawyers

oregon trucking accident lawyer hours of service violations

Victims Injured Due to Hours of Service Violations Should Call Our Oregon Trucking Accident Lawyers

Hours of service regulations are promulgated by the federal agency known as the Federal Motor Carrier Safety Administration, or FMCSA.  These regulations allow throughout the United States no matter what state the truck driver is from, where the trucking company is from, or where the delivery is coming from, going to, or traveling in.  These hours of service regulations are the bottom or minimal requirements that must be complied with.  Violations of these regulations are a serious problem and could result in catastrophic injuries or the wrongful death of an innocent person.  Victims injured due to hours of service violations need to ask our Oregon trucking accident lawyers for help.

Here at the Kuhlman Law, we understand how dangerous hours of service violations can be.  We work hard to ensure that victims who are seriously injured by a truck driver who is fatigued, tried, or falls asleep at the wheel is held liable for hurting innocent people.  We also will make sure to hold trucking companies liable for failing to monitor their employees or actually pushing their truck drivers to work around the clock when they are federally required to allow them to rest.  If you or a loved one were seriously injured, we can help.

What are the Hours of Service Regulations?

The FMCSA regulations governing hours of service are governed by 49 CFR section 395.3.  These regulations govern all truck drivers operating commercial vehicles with property cargo.  There are separate requirements for bus drivers or vehicles carrying human passengers.  The most important sections of the hours of service regulations are the following:

  • 24-hour shift clocks
  • 14 consecutive hours on shift followed by 10 consecutive hours off shift
  • Truck drivers may drive for a maximum of 11 hours in a 14 hour shift
  • Truck drivers may drive for a maximum of 8 consecutive hours before having to take a 30 minute rest
  • Truck drivers may be on shift for a maximum of 60 hours in any 7 consecutive day period
  • Truck drivers may be on shift for a maximum of 70 hours in any 8 consecutive day period, and
  • Other regulations which may apply in some circumstances.

Liability for Violating Hours of Service Regulations

If a truck driver or trucking company violates the hours of service regulations, the defendants may be liable for your personal injuries.  This is because the doctrine of negligence per se finds that the violation of a regulation is evidence of negligence.  This allows a victim to help establish liability against a defendant in order to recover compensation for his or her injuries. Families who have lost a loved one may also be able to establish liability through violation of these regulations.

Injured in an Oregon Trucking Accident?  Ask Our Oregon Trucking Accident Lawyer for Help

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.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

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. 

Hours of Service Violations Causing Oregon Trucking Accidents

hours of service violations oregon trucking accidents

Portland Trucking Accident Lawyers Share Information on Hours of Service Violations Causing Oregon Trucking Accidents

Nothing may be more dangerous on our roadways than a fatigued or tired truck driver. This is because even an experienced and well-rested truck driver could cause serious 18 wheeler wrecks resulting in catastrophic personal injuries. This is why federal regulations have an acted hours of service rules for truck drivers and trucking companies to comply with. The intent and purpose behind these regulations is for the safety and welfare of others on or around the roadways. When truck drivers and trucking companies willfully violate these hours of service regulations, they are needlessly and unnecessarily exposing us to substantial risk of personal injury. This is because hours of service violations causing Oregon trucking accidents is a serious problem. Our Portland trucking accident lawyers share important information how to protect your rights under state and federal law and regulations.

What are Hours of Service Regulations and Who Do They Apply To?

The Federal Motor Carrier Safety Administration (FMCSA) is the agency that has enacted the hours of service regulations. All truck drivers and trucking companies must comply with these hours of service regulations no matter what state they are from, driving to, or driving in. These federal regulations are the minimum standards that all truck drivers and trucking companies must comply with. However, in areas where Oregon Law is stricter than the federal regulations, a truck driver and trucking company must comply with Oregon.

The intent behind hours of service regulations is to prevent fatigued, sleepy, and otherwise mentally and physically tired drivers from operating large commercial vehicles like 18 wheelers, semi tractor trailers, and other large box trucks.  This is because fatigued driving can delay reaction time and make it more difficult to maneuver a large commercial vehicle.  Hours of service violations causing Oregon trucking accident could result in serious injuries and the wrongful death of innocent people.

The most important hours of service violations under the FMCSA regulations include the following:

  • Maximum 14 hours on shift
  • Of 10 hours off shift or on break following any on shift
  • No more than 10 hours consecutively spent driving
  • No more than eight hours consecutively spent driving without at least a 30 minute break
  • No more than 60 hours spent on shift over any seven consecutive days
  • No more than 70 hours spent on shift over any each consecutive days, and
  • Many rules that apply in different situations.

How Can a Portland Trucking Accident Lawyer Prove Hours of Service Violations

The tricky thing about hours of service violations is that the truck driver and trucking company Control the information regarding how many hours the truck driver has taken a break, been driving, in been on shift for the rest of the week. While many truck drivers and trucking companies are honest, far too many truck drivers and trucking companies are willing to lie and alter their hours to avoid federal violations and liability in a catastrophic trucking accident case. As a victim, this makes proving an hours of service violation case much more difficult.

However, retaining an experienced Portland trucking accident lawyer can help a victim improve his or her case by using certain tricks. Some of these tricks deal with the way to prove a claim. This includes using creative methods to investigate and corroborate the story of a truck driver and trucking company.

Some of the best ways to establish hours of service violations include the following:

  • Investigate gas receipts
  • Toll receipts
  • Delivery bills, contracts, or bills of lading
  • Hotel receipts
  • Use surveillance cameras
  • Cell phone pings and locations, and 
  • Other common methods.

Victims of Oregon Trucking Accidents Due to Hours of Service Violations Should Call our Law Firm

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.  

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.  

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. 

Oregon 18 Wheeler Wreck Caused by Fatigued Truck Drivers – Bend/Portland, OR

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.