Schedule a FREE lawyer consultation TODAY! (212) 421-0300.
NO FEE GUARANTEE®
We’ll win your injury case, or it’s free.
TOP RATED SERVICE:
We have over 186 5-star reviews on Google
BATTLE TESTED LAWYERS:
We’ve prepared over 5,000 cases for trial.

How to Prove an Hours of Service Violation After a Truck Accident

Get Your Free
Case Evaluation

How to Prove an Hours of Service Violation After a Truck Accident

In an effort to keep drowsy truckers off the road, the Federal Motor Carrier Safety Administration devised the hours of service regulations, which apply to both commercial drivers hauling cargo and those transporting passengers. These regulations limit the number of consecutive hours truckers can stay behind the wheel without resting.

If a commercial driver violates the hours of service regulations and ends up causing an accident, those who are injured as a result can file a claim for medical bills and other damages. In order for such a claim to be successful, though, the injured party must present compelling evidence of liability. Much of this evidence may be time-sensitive and can be difficult to gather without the help of an attorney.

At the Law Office of Richard M. Kenny, we have extensive experience helping truck accident victims and their families take on motor carriers and their insurance companies. To discuss your case with a personal injury attorney in a free consultation, call us today at 212-421-0330.

Read on to learn about proving an hours of service violation following a truck accident:

Evidence That Could Indicate an Hours of Service Violation

Drowsy driving can be just as dangerous as drunk driving, but there are no chemical tests to identify fatigue. Fortunately, commercial trucks often have electronic data recorders (EDRs) that track the number of hours the vehicle spends on the road, brake usage, average speed, and other metrics. Your attorney may be able to use this data to prove an hours of service violation.

Other evidence that might support your claim includes:

  • Entries from the trucker’s hours of service logbook;
  • GPS data indicating the truck’s speed and location;
  • Phone records and call logs;
  • Toll booth receipts;
  • Weigh station receipts;
  • Fuel receipts; and
  • Maintenance records.

Compiling this evidence can be challenging. Most of it will belong to the trucker or motor carrier, and they will most likely be reluctant to hand it over. To obtain evidence that is being withheld, it may even be necessary to file a subpoena. Your truck accident attorney can handle this on your behalf.

After evaluating your case from all angles, attorney Richard M. Kenny can conduct a thorough investigation to determine precisely what kinds of evidence you will need to prove liability. Regardless of whether an hours of service violation or some other kind of negligence contributed to the collision, our team will ensure your case is as strong as possible before entering settlement negotiations.

Call 212-421-0330 to Speak with a Truck Accident Lawyer in New York City

If you want to sue a reckless trucker or negligent motor carrier, turn to The Law Office of Richard M. Kenny. Our strategic personal injury lawyers have recovered more than $100 million for clients in successful settlements and verdicts. Call 212-421-0330 or use our Online Contact Form to schedule a free consultation with a truck accident attorney in New York City.

Recent Blog Posts

The Law Office of Richard M. Kenny is Nominated for America’s Best Attorneys Top Personal Injury Law Firm 2022
Recently, The Law Office of Richard M. Kenny was nominated to receive the Top Personal Injury Law Firm award from America's Best Attorneys, a well-respected organization within the legal community.… Read More
Uber/Lyft Accident Claims in New York City | What You Should Know
Though many of us use Uber and Lyft every day and consider them to be reliable, safe, and affordable means of transportation, the unfortunate reality is that serious accidents involving… Read More
Two Workers Fall Off Manhattan Bridge Yesterday; One Dead, One Injured
Two Workers Fall Off Manhattan Bridge Yesterday; One Dead, One Injured Wednesday afternoon, two men who were working on the Manhattan bridge fell at separate times, one of the falls… Read More
What to Know About Bus Accidents in Manhattan
Many people in Manhattan rely on public transportation, such as buses, to take them safely from place to place. Unfortunately, buses do not always safely arrive at their destinations, and… Read More
Grocery Store Accidents in the Bronx | Here’s What You Should Know
Were you grocery shopping and suddenly sustained an injury because of unsafe grocery store conditions? If so, you need to speak with our experienced Bronx slip and fall lawyer to… Read More
What Are the Most Common Causes of Auto Accidents in Manhattan?
An auto accident can change a person's life forever. Typically, at least one person is at fault for an auto accident. Please continue reading and reach out to our Manhattan… Read More
The Law Office of Richard M. Kenny is Nominated for America’s Best Attorneys Top Personal Injury Law Firm 2022
Recently, The Law Office of Richard M. Kenny was nominated to receive the Top Personal Injury Law Firm award from America's Best Attorneys, a well-respected organization within the legal community.… Read More
Uber/Lyft Accident Claims in New York City | What You Should Know
Though many of us use Uber and Lyft every day and consider them to be reliable, safe, and affordable means of transportation, the unfortunate reality is that serious accidents involving… Read More
Two Workers Fall Off Manhattan Bridge Yesterday; One Dead, One Injured
Two Workers Fall Off Manhattan Bridge Yesterday; One Dead, One Injured Wednesday afternoon, two men who were working on the Manhattan bridge fell at separate times, one of the falls… Read More
What to Know About Bus Accidents in Manhattan
Many people in Manhattan rely on public transportation, such as buses, to take them safely from place to place. Unfortunately, buses do not always safely arrive at their destinations, and… Read More
Grocery Store Accidents in the Bronx | Here’s What You Should Know
Were you grocery shopping and suddenly sustained an injury because of unsafe grocery store conditions? If so, you need to speak with our experienced Bronx slip and fall lawyer to… Read More
What Are the Most Common Causes of Auto Accidents in Manhattan?
An auto accident can change a person's life forever. Typically, at least one person is at fault for an auto accident. Please continue reading and reach out to our Manhattan… Read More

MEMBERSHIPS AND AWARDS

THE LAW OFFICE OF RICHARD M. KENNY

Whether you need a Bronx car accident lawyer, birth injury lawyer, construction accident lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped hundreds of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

FREE CASE EVALUATION

If you've been injured due to the negligence or wrong-doing of another, we can provide you and your loved ones with the legal support needed to ensure proper medical attention, long-term treatment and fair, reasonable financial compensation is received for your injury. The initial consultation is always free. For immediate assistance, call (212) 421-0300.

TRANSIT INFORMATION:

34 St. - Herald Sq (0.13 mi)
St. - Penn Station (0.17 mi)
34 St. - Penn Station (0.35 mi)