An 18-wheeler accident attorney can help fight for sleepy truckers victims
We’ve all heard the terrifying stories of sleep-deprived truckers forced to make deliveries within unreasonable time limits. However, did you know that there are laws and regulations that govern how much rest a trucker must rest before returning to the road? Not only are they in effect to protect you, they are federal laws and apply across the country. This means that a qualified 18-wheeler accident attorney has the ability to sue the driver and the trucking company in federal court.
The law as written
Federal regulation, commonly known as the “hours of service” rule, limits the amount of time that any truck on US soil and driven by a single driver can be on the road continuously. These rules date back to 1939 and were established to increase the safety of all motorists by reducing truck driver fatigue.
The original law has been changed as accident statistics have risen along with increased traffic and higher speed limits. The new federal rules state that an operator can drive for a maximum period of 11 hours continuously over the course of a 14-hour workday and must take a 30-minute break during the day. Subsequently, they are required to take a 10-hour break before they are allowed to operate the tractor-trailer again.
Recently, the maximum work week was reduced to even 70 hours. Once a driver has reached the limit, they can reset to zero after a mandatory rest period.
When the law is not followed
These are designed to protect everyone on the road. The reason the government intends to monitor the sleeping habits of truckers is that driver fatigue is one of the leading causes of fatal truck accidents in the country.
More than 30,000 people in the United States die annually in road accidents that can be directly attributed to operator fatigue. At least one in seven of these deaths involves large trucks, and the operator has been held responsible. If you’ve been injured because a truck driver fell asleep while operating your vehicle, or because your mental faculties were impaired due to lack of sleep, consult an 18-wheeler accident attorney for advice on how to start a legal claim.
You can establish operator negligence by obtaining the log book during the pre-trial discovery process. Your 18-wheeler accident attorney will request the log book because the driver must detail his duty time, rest hours, and status. Trucking companies often have tight deadlines and ask their employees to waive the rules to meet the demands of their customers.
Opposition from transport companies
Tractor and trailer companies argue that miles mean money and that business is dictated by the clock. They feel that Washington has no right to impose the dream. Truckers have often been asked to secretly refrain from sleeping and doctor’s log books to reflect otherwise.
Motorists should not live in fear of the possibility that the tractor-trailers they share the road with will be driven by sleep-deprived operators. As long as the new rules are on the books, every 18-wheeler accident attorney will fight for the rights granted by the federal government to all victims of excess truck drivers.