Commercial truck drivers have financial incentive to spend as much time behind the wheel as possible. To prevent fatigue-related truck accidents, the Federal Motor Carrier Safety Administration introduced the Hours of Service (HoS) Regulations, which place restrictions on the number of hours truckers can drive within specific timeframes. Unfortunately, HoS Regulations are often violated by drivers who fall behind schedule or who simply want to boost their income.
If you were injured in a big rig crash and you suspect fatigue was a contributing factor, contact Giddens Law Firm to discuss your case and determine the best way to proceed. Time is of the essence in any truck accident claim because important evidence may be altered or destroyed.
Attorney John Giddens will thoroughly investigate your collision to identify all liable parties and gather the evidence needed to prove your claim. Call (601) 355-2022 today to schedule a free consultation with one of our experienced truck accident lawyers.
How to Prove Hours of Service Violations in Truck Accident Claims
There are several elements that must be proven for your truck accident claim to be successful. Those elements are:
- Duty of care;
- Breach of duty;
- Causation; and
All drivers have a duty to behave in such a way that does not put other people at risk. They breach this duty when they break a traffic law, behave recklessly, or fail to adjust their driving to the road conditions.
Violating the Hours of Service Regulations would be considered a breach of the duty of care the truck driver owes to other road users. But how do you prove the violation?
Truck drivers and their employers usually aren’t willing to fess up to HoS infractions, so it is up to the claimant to gather the evidence needed to prove negligence. The truck accident attorneys at Giddens Law Firm can help you gather this evidence, which may include:
- Data from the truck’s Event Data Recorder (EDR), or “black box;”
- The truck driver’s Hours of Service logbook;
- GPS data that tracked the truck driver’s speed and location;
- Cellular data such as texts that indicate the truck driver was violating HoS Regulations;
- Weigh station records;
- Timestamped bills of lading;
- Receipts for food, gas, and toll booth tickets; and
- Maintenance records—if the location and date of the maintenance indicate that the trucker could not have driven the distance traveled without violating HoS rules.
This evidence must be gathered right away because the truck driver or trucking company might alter or destroy it to cover up the violation. The personal injury lawyers at Giddens Law Firm will help you compile all available evidence to give your claim the most favorable chance of success.
Discuss Your Case with a Mississippi Truck Accident Attorney Today!
Proving liability and negligence can be challenging in truck accident cases. The attorneys at Giddens Law Firm will help you overcome the legal hurdles and fight for the compensation you deserve.
Our truck accident lawyers have more than 25 years of combined experience. Call (601) 355-2022 today or use our Contact Form to schedule a free consultation.
Giddens Law Firm, P.A.
Jackson, MS 39201