Columbus Truck Accident Lawyer
The Federal Motor Carrier Safety Administration has specific rules in place that require commercial vehicle drivers to get a certain amount of sleep based on the number of hours they are behind the wheel. These rules are in place to protect the drivers themselves as well as the other motorists on the road with them. In many cases, though, pressure to get cargo to its destination on a short deadline can cause trucking companies to make unreasonable demands on their drivers and cause drivers to make poor decisions about climbing behind the wheel.
Contact us for a free consultation if you have been injured or a loved one has been killed in a truck accident caused by a fatigued driver.
Although the US Department of Transportation restricts how many hours a truck driver can drive and “hours of service,” there are both exceptions and non-compliance to these rules. Drivers travelling short distances are usually not subject to these restrictions. In addition, some industries – such as agriculture – are temporarily exempted. Even for those subject to the restrictions, some drivers falsify their log books to drive beyond the limit. Unfortunately, even when drivers stay within the limit, fatigued driving is increasingly a safety threat on our highways. Whether drivers lack adequate sleep because of their schedule or health conditions, sleep-deprived drivers place all of us at risk. When drivers have operated their trucks recklessly, negligently or sleep-deprived, our attorneys are committed to holding both the drivers and their employers accountable. – Partner Rhonda Baker Debevec
Federal Regulations Regarding Driver Hours of Service
According to §395.3 of the Federal Motor Carrier Safety Regulations:
(a) No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle:
(1) More than 11 cumulative hours following 10 consecutive hours off-duty;
(2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of §395.1(o) or §395.1(e)(2).
(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after —
(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
(c)(1) Any period of 7 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours; or
(2) Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours.
Source: Federal Motor Carrier Safety Administration website
Experienced, Sophisticated, Reputable
At Spangenberg Shibley & Liber, our Cleveland truck driver fatigue lawyers provide dedicated, results-oriented representation to victims of all types of serious truck accidents. We offer our clients more than 65 years of experience in these types of cases, successfully resolving even the most complex accident claims for clients throughout Ohio and across the United States. Our law firm is recognized as one of the pre-eminent truck accident law firms in Ohio. We were one of the first civil litigation firms to take on individual and mass tort cases that have had a lasting impact on how negligence laws have been shaped over the past several decades.
Free Consultation • Contingency Fees • Spanish and Ukrainian Interpreters
Our Ohio lawyers offer free, confidential consultations to determine whether your claim against a fatigued driver has merit. Please contact us as soon as possible to avoid deadlines that may exclude you from filing a lawsuit. We handle driver fatigue cases on a contingency basis, so if we tell you that you have a claim, you can rest assured that we will be prepared to move forward without charging you attorneys' fees. You owe us only if we win.
Remember, if you have a claim, there is most likely a statute of limitations clock running, after which you won't have the right to file a lawsuit. Protect your rights by contacting us today or calling us at (888) 633-0360.
