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

>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.

2019-01-28T09:10:59+00:00 January 28th, 2019|Blog, Truck Accidents|Comments Off on How to Prove an Hours of Service Violation After a Truck Accident