We know that commercial trucking accidents are unique in the scope of danger they present to others with whom they share the road. If you are involved in a collision with a fully loaded tractor-trailer that may weigh as much as 40 tons, the probability of suffering serious injuries or even fatalities in a Los Angeles trucking accident is extremely high. Truck drivers in Southern California and throughout the United States are under enormous pressure to drive further, faster and longer to increase revenue, especially in light of rising fuel prices. It is not uncommon for commercial trucking companies to magnify this pressure by explicitly directing or implicitly condoning truck drivers to stay on the road even though they are suffering from fatigue. The Federal Motor Carrier Safety
Administration (FMCSA) imposes specific regulations that govern the permissible duration of a driving shift, which is the number of hours a driver may be on the road without a break period and the duration of mandatory off-duty periods.
Despite this detailed regulatory framework, many truck drivers continue to violate hours of service (HOS) regulations. Any driver of a commercial truck that exceeds 10,000 pounds must comply with the following hours of service regulations:
- 14 hour maximum duty time following a minimum 10 hour period of off-duty time
- 11 hours of maximum driving during any 14 hour shift
- Maximum of 60 hours in service time during a 7 day work week
- Maximum of 70 in service time during an 8 day work week
A commercial truck driver can reset the count of hours by remaining off duty for 34 consecutive hours.
Tractor-trailers are inherently dangerous because of their size and weight, which makes them more difficult to drive so a driver must be alert when potential road hazards arise. Basic physics means that commercial trucks will respond slower when the driver brakes and be less responsive and forgiving when drastic evasive steering maneuvers are necessary. The critical time that may be lost because a driver is fatigued and not able to concentrate and respond quickly can mean trucking accidents resulting in mass carnage, traumatic injuries and fatalities. Research conducted by the FMCSA revealed that tractor-trailer accident rates increase substantially once a driver has driven for more than 10 consecutive hours. The National Highway Traffic Safety Administration (NHTSA) reports that fatigued drivers cause a hundred thousand tractor-trailer collisions per year resulting in 1,500 fatalities and well over $12 billion in property damage.
If you are involved in a collision in Southern California with a tractor-trailer, our Los Angeles trucking accident attorneys can carefully investigate to obtain driver logbook information, fuel receipts, email communication between the driver and trucking company and black box data to determine if the truck drivers is exceeding HOS rules. HOS violations are very serious and can constitute the basis for a finding of negligence in a trucking accident lawsuit. If you or a close family member has been injured or someone you love has died, our experienced Los Angeles trucking accident attorneys at Galstyan Law Firm offer a free initial consultation so that we can evaluate your Southern California trucking accident claim.