Kent Hours of Service Violations Accident Lawyer
Violations of hours of service (the max amount of driving for truckers and other working drivers) can be difficult to prove. However, the victims of such accidents could be entitled to financial compensation for injuries and damages suffered.
The Federal Motor Carrier Safety Administration (FMCSA) put new hours of service rules into effect in September 2020 to make the roads a safer place for all drivers. These regulations are regularly updated and were put in place for truck drivers (and other commercial vehicle drivers) to reduce fatigue and other dangerous driving habits. However, there are still drivers who disregard these regulations and put others in danger with drowsy and distracted driving.
If you or a loved one has been hurt in a Kent truck accident, there’s a chance that the at-fault party was in violation of hours of service. Even if they weren’t, you still may be entitled to financial compensation. The Kent hours of service violations accident lawyers of Herschensohn Law can help. While you rest and regain your health, our attorneys can attempt to prove that in addition to the accident, there was also an hours of service violation.
The FMCSA was formed to increase safety related to trucks and other commercial vehicles. Hours of service refers to the maximum time that a driver can be on duty, actively driving. These regulations dictate the longest shift a driver can have and delves into the length and amount of rest periods that are necessary to ensure safety. All drivers of commercial motor vehicles must abide by the hours of service regulations.
As with all laws, there are those who do not follow the regulations put forth by the FMCSA. When that happens, the lives of those who share the roads with commercial vehicle drivers are endangered. If you have been involved in an accident with a truck driver, a Kent truck accident lawyer from our firm could review your accident and determine whether hours of service rules were broken.
Proving an hours of service violation can be arduous to do alone. However, attorneys who have worked with hours of service violations in the past know what to look for to determine whether the at-fault party was working within the law or not. Some of the best ways to prove that the driver was in violation of hours of service include:
- Reviewing their driving log
- Reviewing shipping records
- Collecting their cellular data
- Checking receipts from stops
These items alone may not be enough to determine if a driver was committing a violation, but when they are pieced together, they help create a more complete picture of what took place prior to your accident. For instance, the driving log can be taken into account with shipping records to see if all information was accurately reported. Receipts from gas or food purchases can indicate when a driver stopped and if they took their necessary rest period.
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It may seem like proving an hours of service violation is an unnecessary step. If the driver of another vehicle is clearly at fault and insurance claims are moving forward, then how does proving a violation help you recover? Ultimately, proving negligence with an hours of service violation plays a major factor in determining liability, and could even prove that multiple parties were at fault.
If you suffered a serious injury because of a driver that was not within the hours of service, then you could have a lawsuit not just against the driver but also against the trucking company. Both the driver and the company are responsible for ensuring that they comply with the hours of service regulations.
An accident that occurs as a result of overwork or a deadline that cannot be met during the hours of service could result in both parties being liable. When this happens, you could be entitled to greater compensation for the negligence of both parties.
Recovering damages for an hours of service violation is the same as with most other accidents. Our personal injury lawyer can work with you to determine liability, and when the time comes, help you recover damages that were suffered during the accident.
At Herschensohn Law, our truck accident lawyers in Kent can work with medical professionals and other specialists to prove that your sustained injuries and property damage were a result of the accident. Once this has been determined, our lawyers can present your lawsuit and fight for your right to optimal compensation.
“Zach will always take time and give you quality advice that you can trust. Highly recommended!”
Many people harmed in an accident involving a truck or other commercial vehicle driver may not even know what hours of service are, and that’s totally understandable. If you aren’t a commercial vehicle driver, then the hours of service don’t pertain to you. However, when hours of service violations cause an accident, it can be dangerous and even deadly to anyone on the road.
At Herschensohn Law, our truck accident attorneys can help you prove that negligence was a determining factor in your Kent accident. Our lawyers can help you file your lawsuit, review the damages you suffered, and research any previous violations by either the driver or trucking company to help pursue the compensation you deserve.
Any time you are involved in an accident where you were not at fault, you should not be stuck with the bill for the damages that you suffer. If you were in an accident with a truck, and you believe that the driver could’ve been in violation of hours of service, our Kent truck accident attorneys can help. Call us today at 206-588-4344 to schedule your free consultation.
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After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.
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