Since truck drivers spend many hours on the road, federal law and New York truck driving laws require them to obey hours of service regulations to prevent fatigue and truck accidents. Truck driver regulations in NY must be followed as part of safe operations.
Failing to abide by these rules could subject truckers and trucking companies to being held liable in a personal injury lawsuit for causing truck accidents. Mazzu Law is a personal injury law firm committed to helping victims in New York accidents involving truck drivers who were driving in violation of the service hours.
In this blog post, we discuss the laws set by the federal government and New York State, the dangers of driving fatigued for truckers, and the consequences of these impacts.
The Dangers of a Fatigued Truck Driver
Work hour restrictions for truck drivers are in place to keep driver fatigue from setting in and prevent truck accidents. Fatigued driving is much more likely to cause a tractor-trailer or semi to crash. Here is why:
Impaired Judgment
An overtired driver of any type of vehicle is more likely to cause accidents because their ability to make sound decisions is compromised. They are less capable of obeying the speed, stepping on the gas to make it through to their destination, and they make other reckless decisions that put everyone’s safety in jeopardy.
Frequent Errors
A truck driver who has not had enough sleep will make more errors than one who is well-rested. They may miss their turn, drift between lanes, or fail to observe traffic signals.
Dozing Off
Driver fatigue may also cause a truck driver to fall asleep behind the wheel. This is dangerous for the driver of any type of vehicle, though when it is a large truck that weighs up to 80,000 pounds or is carrying hazardous materials, the results can be catastrophic.
Delayed Reaction Time
Driving while fatigued has been likened to driving while drunk. When a truck driver is drowsy, they are not as capable of reacting quickly to changes on the road ahead, which can be deadly.
What Are the Hours of Service Regulations a Truck Driver Must Obey?
HOS rules for NY truckers are identical to the hours of service set by the Federal Motor Carrier Safety Administration (FMCSA). These rules apply to qualified drivers of all-sized trucks with a gross vehicle weight rating or gross combination weight rating for the tractor-trailer combined of over 10,000 lbs.
The work hour restrictions a truck driver must follow in New York as well as nationwide include:
- Driving time during hours of service is set at a maximum of 11 hours per day, however, that maximum of driving hours is only permitted after 10 consecutive hours off duty.
- No truck driver is permitted to drive more than 14 hours after going on duty following 10 consecutive hours off duty.
- Weekly limits are imposed for truck drivers in New York and nationwide. They cannot drive more than 60 hours over seven consecutive days or 70 hours on duty over eight consecutive days.
- Breaks of 34 hours or more are required to reset those seven or eight-day limits.
- Drivers using the sleeper berth must spend eight consecutive hours at minimum in this compartment, plus two consecutive hours in the sleeper berth, off duty, or a combination of these two.
- Any driver who operates within 150 miles of their home base and returns there at the end of their shift is permitted a short-haul exception and may work a 14-hour shift.
- Drivers must also use electronic logging devices to track their driving time.
Compliance with these rules is required for drivers and the trucking companies that hire them. Anyone who operates in such a way that violates these regulations will likely face serious consequences.
Legal Implications for Violating Work Hour Restrictions for Truck Drivers in New York
When a driver violates the rules and it causes an accident that leads to other people being injured, there will be legal consequences ahead for the driver, the trucking company, and any other parties that are determined to be liable for their role in this crash.
Penalties from the FMCSA
For a lack of compliance with the HOS rules and regulations, the FMCSA will impose hefty fines. These fines are typically thousands of dollars, which can be devastating for a smaller company or owner-operator.
Impact on Employment
Compliance with the regulations is expected and is a contingency for employment. When a driver breaks these requirements and it causes a truck accident, they may struggle to find a job with another company.
Even worse, serious violations that cause accidents may mean that a driver loses their CDL license. They would be forbidden from operating a commercial vehicle again.
Criminal Charges and Civil Liability
When truck accidents leave victims severely injured or cause fatalities, the driver may face criminal charges imposed by the state of New York. Additionally, they could be sued for medical bills, lost wages, pain and suffering, and other losses. A driver who violates the hours of service is considered negligent.
What to Do If You Are Injured in a Truck Accident
Any driver who is found driving beyond the hours they are allowed to be on duty is a safety hazard to everyone on the road. As more and more trucks fill the roads of New York and the nation to meet consumer demand, every driver is urged to take the proper precautions.
This includes paying attention to every commercial vehicle and knowing where the blind spots are to avoid lurking in a potentially dangerous area. While many of these hard-working people follow the laws and work tirelessly to prevent a wreck, others disregard the rules.
If you are hurt in a New York truck wreck, here are the steps you should take:
Call 911
Do not hesitate to call 911 immediately when you have been in a motor vehicle accident involving a truck. These massive vehicles can cause serious damage, especially if they are transporting hazardous materials.
Get to a Place of Safety
Your safety is paramount, and you may be in grave danger if you stay in your vehicle. If you can get out, you should. The operator on the 911 call should be providing you with detailed instructions on what to do next.
Seek Immediate Medical Attention
In most cases, it will be obvious that you are hurt. However, do not assume that you are free of injury if you are not bleeding. Many serious conditions can arise from a high-impact collision like this, and they may not produce symptoms for hours or even days. It is vital that you complete a full medical evaluation to determine the extent of your injuries.
Gather Evidence
The documentation you present to the insurance agency for your accident is important for showing who is at fault and recovering the full amount of compensation you deserve. If you can, take photos and videos, and obtain contact information from the driver as well as any witnesses.
Contact a Truck Accident Lawyer
The hours a driver is permitted to be on the road while operating a commercial vehicle must be followed. Along with other rules, if someone breaks them and it leads to your auto wreck, you have the right to hold them accountable under personal injury law.
Since the rules are complicated on the federal level and you will have state laws that were violated too, it is wise to discuss what happened with an attorney. Choose one who is familiar with trucking as they will know the applicable laws.
Additionally, accidents involving trucks have far greater complexities to them. They often involve more than one liable party. While the driver may have behaved negligently, the company that employs them may have given them an ultimatum to break these rules and stay on the road. They may have manipulated the data in the logging device or even broken other laws.
When you hire a personal injury lawyer to represent your case, you will have someone to stand up for your legal rights and get you what is fair. These large truck entities have different insurance policies that are larger and will do anything to protect them, which is why they have teams of litigators already on board.
The attorneys at Mazzu Law are here for victims in their time of need. Contact us today to schedule a free consultation and learn more about how you can hold the responsible parties liable for not following proper procedure when it comes to hours on the road or other rules.