What Are Hours of Service Regulations?
Large trucks and other commercial vehicles are inherently more dangerous than smaller vehicles. There are several reasons for this – higher weights, longer stopping distances, the presence of blind spots on certain commercial vehicles – but one of the main causes of commercial vehicle accidents in general is driver error. In order to cut down on instances of driver error, Hours of Service (HOS) regulations were developed. Both federal and individual state rules apply, and most commercial drivers must obey them.
Why Have HOS Rules?
The primary reason for HOS regulations is to minimize commercial driver fatigue, since fatigue is one of the leading causes of driver error, which in turn leads to high numbers of injuries and fatalities. Above all else, arguably the most important HOS rule is a hard maximum limit on consecutive hours driven, forcing a driver to rest or at least to take a break from driving. The limit is slightly different between federal and state regulations, as well as between certain types of commercial vehicles.
Federal HOS rules also require drivers to spend a certain amount of time in their sleeper berth if they have one, and an electronic logging device is required for most vehicles in this category, so that these hours can be tracked and any violations managed. Florida’s state regulations only require a logbook, and that only for certain classes of commercial vehicles (those who only operate within a 150 ‘air mile’ radius are exempt).
Evidence Can Establish Negligence
The reasons that HOS regulations, whether in interstate or intrastate commerce, are important is because not only do they protect commercial drivers, but they protect accident victims if one is ever involved in a crash with a commercial vehicle. The information collected under the aegis of HOS reporting can serve as evidence in a later court case. For example, if a commercial driver gets into an accident with an ordinary car, and their log shows they have been driving for 17 hours straight, it can be used as part of the case to establish that driver’s negligence.
While it can be difficult to establish an HOS violation, it is usually worth it to try. The right attorney on your side can ensure you have access to all information you are entitled to see, and can help formulate a case with the best possible odds of financial recovery. Establishing negligence in a Florida court requires that the duty owed by all road users to each other be breached, and evidence relating to hours of service can be the linchpin in making your case.
Call A Tampa Commercial Vehicle Accident Attorney
The average road user does not often think about regulations governing commercial drivers, but in an accident case, they can be the difference between financial recovery and failure. If you have been involved in this type of crash, a Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help make your legal options clear. Call our office today to schedule a consultation.
Source:
fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regul
