Trucking Hours of Service Violation Attorneys in Phoenix
Tough representation when truck drivers and companies prioritize their profits over your safety
Truck drivers often push the limits of how long they should be on the road without taking a rest or completely stopping for the day. Part of the reason drivers operate for long hours is that their pay is tied to how many deliveries they can make. More hours on the road mean more deliveries. More deliveries mean more pay. Another reason for driving long hours is that the sooner drivers complete their deliveries, the sooner they can get back to their families and the comforts of home.
Unfortunately, tired truck drivers are dangerous. At Plattner Verderame, P.C., we hold truck drivers and employers who fail to prioritize safety accountable for the injuries and deaths they cause. One of the ways our Phoenix trucking hours of service violations lawyers hold truck drivers and truck companies accountable is by reviewing whether they were in compliance with the Hours-of-Service (HOS) requirements of the Federal Motor Carrier Safety Administration (FMCSA).
How can we help?
- What are the basic HOS rules?
- Why should truck drivers be held liable for an HOS violation that causes an accident in Phoenix?
- What information do you examine to show HOS violations and driver fatigue in Phoenix?
- Why are trucking companies liable for HOS violations?
- Do you have a Phoenix HOS trucking violation lawyer near me?
What are the basic HOS rules?
The HOS rules regulate how many hours truck drivers can work, how much time they need to rest before they can start driving again, and when drivers must take a rest. There are also FMCSA-related rules that require that drivers and truck companies use electronic logging devices to monitor when drivers are working and when they’re not.
The FMCSA trucking rules apply to commercial truck drivers. They were enacted to avoid truck accidents in Arizona and nationwide.
The key rules that all commercial vehicle truck drivers must follow include:
- 11-hour driving limit. Drivers can drive up to 11 hours after they have been off-duty for 10 or more consecutive hours.
- 14-hour driving limit. Drivers cannot drive beyond the 14th consecutive hour on duty (including non-driving time and rest breaks).
- 30-minute break. Sometime during or at the end of each 8-hour shift, truck drivers must take a 30-minute break. Drivers can satisfy this half-hour requirement by a non-driving period, including being on-duty but not driving, being off-duty, using a sleeper berth, or any consecutive combination of these periods.
- 60-hour limit. During a 7-consecutive-day period, truck drivers cannot drive more than 60 hours. Drivers can resume driving after being off for 34 consecutive hours or more.
- 70-hour limit. During an 8-consecutive-day period, truck drivers cannot drive more than 70 hours. Drivers can resume driving after being off for 34 consecutive hours or more.
Why should truck drivers be held liable for an HOS violation that causes an accident in Phoenix?
HOS violations are preventable with proper planning. Drivers should be held accountable for accidents they could easily avoid.
According to CRST, a truck safety website, common violations of the HOS rules include:
- Form and manner issues. Truck drivers violate the HOS rules if their driving logs are missing key data – the date, location, or total miles traveled. This violation generally applies to paper logs. Electronic logs generally record the key data.
- Failing to keep a Record of Duty Status (RODS) current. Truck drivers must prepare a record of duty status for each 24-hour period.
- Noncompliance with the 30-minute rest break requirement. Drivers should set alarms or reminders so they don’t miss the requirement, even during tight schedules. Some electronic logging devices have built-in alarms. Drivers should plan before starting their trip when and where they will take their breaks.
- Violations of the other time limits. Truck drivers should regularly use their ELDs and their own timing devices/methods to ensure they don’t drive beyond the time mandates.
- Entering false logs. Drivers should never falsify logs to try to show compliance. Truck inspectors will review the ELD devices, GPS data, and other information to ensure a driver’s records match the electronic Falsifying logs may be grounds for seeking punitive damages in addition to damages for a victim’s financial and personal damages.
CRST also states that truck drivers must keep a record of their RODS for the prior seven days. Drivers who use paper logs should have copies of this information. Drivers who use ELDs should ensure their devices are capturing this data.
FMCSA regulations generally require that all drivers of commercial motor vehicles use ELDs. Failing to use an ELD during any part of a trip is likely a violation that our truck accident lawyers can use to show a truck driver’s negligence caused our client’s injuries. Drivers and trucking companies should regularly inspect their ELDs to ensure that they are in working order and have backup plans if the ELD malfunctions during a trip.
What information do you examine to show HOS violations and driver fatigue in Phoenix?
Truck drivers who commit serious HOS violations may face fines, disqualification, or other penalties under FMCSA enforcement policies. If they cause an accident, our truck accident lawyers will use those violations on your behalf. In addition to examining any paper logs and electronic driving logs, we examine the following information:
- Cellphone information. This information can help show if a driver was writing or accessing text information and emails. In addition to being distracting, these communications can help show what communication a truck driver and the driver’s employer were having about the routes and how long the driver needed to get to the destination. Drivers often use their cellphones’ GPS for navigation purposes. The GPS data can help show the driver’s travel route, hours on the road, and other critical information that may suggest a driver was too tired to drive.
- A driver’s purchases. Any records of purchases can show where and when a driver was – and whether the purchase receipts match the driver’s logs.
- The records of the companies receiving the deliveries. These records can also help show whether the driver’s records are credible.
Why are trucking companies liable for HOS violations?
Generally, the truck driver’s employer is liable for any negligence of their employee, including driving while fatigued. Employers and the owners of the truck may also be liable for failing to monitor the driver’s hours of operation to ensure the drivers are in compliance with the HOS rules.
Do you have a Phoenix HOS trucking violation lawyer near me?
Yes. Our truck accident lawyers meet clients at our Phoenix office located at 316 E Flower St. We also speak with clients by phone and through online video discussions. Our attorneys can see you away from our offices if you can’t travel due to your injuries.
We’ve helped many accident victims like you obtain strong recoveries.
Talk with our experienced HOS trucking violation attorneys now
At Plattner Verderame, P.C., we’ve been fighting for personal injury victims and the families of loved ones who tragically die in truck accidents since 1991. Our lawyers have earned the trust of our clients and the respect of insurance carriers, and the legal community. We’re ready to show that driver fatigue caused your truck accident. Please call us or fill out our contact form to schedule a free consultation.