2013-02-21

After a commercial truck accident, not only could the driver be liable for injuries, but so could the truck company. One circumstance in which this can happen is when there is a violation of federal regulations pertaining to hours of service.

Impact Hours of Service Rules Has After a Truck Accident

The Federal Motor Carrier Safety Administration (FMCSA) oversees trucking industry regulations. One of the rules that must be adhered to is the number of hours a driver can operate a big rig, along with how much rest and sleep he or she should get.

There are limitations placed on the amount of time spent behind the wheel because of the propensity to become fatigued. Driver fatigue is a problem with any type of vehicle. But it becomes especially hazardous when it involves a large truck. Injuries are oftentimes more catastrophic.

But if a driver goes over the limit, liability could also include the employer. For instance, if it’s discovered the truck company ordered extra time on the road or if the employer knew about the extended time driving yet did nothing to stop it, the company could be considered partly responsible for any resultant damages caused by an accident.

Attorney Help Establishing Liability

Despite negligence, a truck company may try to deny responsibility for the accident. One way is by altering the records which show how much time the trucker was driving. For this reason, it might be a good idea to talk with an attorney who can send a spoliation letter to prevent destruction of evidence. Contact Walker, Billingsley & Bair: 888-792-3595.

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