Hours of Service Requirements for Truck Drivers in NY

Truck drivers are a necessary part of our supply chain. They transport cargo over long distances, often in short periods of time, and drive for hours on end. To prevent drivers from being overly tired behind the wheel, federal regulations restrict how long truckers are permitted to drive before resting. Truckers who violate these regulations might be liable for an accident.

Federal trucking regulations promulgated by the Federal Motor Carrier Safety Administration dictate how long a driver can be on the road without breaks. These regulations govern how long a trucker is permitted to drive before resting, and how long they must rest between periods of driving. For property-carrying vehicles, truckers may drive for no longer than 11 consecutive hours. Drivers carrying passengers may drive for no more than 10 consecutive hours. If a trucker violates these regulations, we can use that as evidence of negligence, forming the basis for a negligence claim for damages and fair compensation. However, we may need more than evidence of a trucker driving for too long, and your lawyer can help you find what you need.

Call The Carrion Law Firm at (718) 841-0083 and ask our NY truck accident attorneys for a free review of your case.

Legal Limitations on Hours of Service for Truck Drivers in NY

Trucking industry regulations from the Federal Motor Carrier Safety Administration (FMCSA) are codified within federal law applying to all truckers in New York. These regulations limit the amount of time truckers may be on the road and how long they must rest before they can resume driving. These regulations differ based on whether a driver is carrying passengers or property.

According to 49 C.F.R. § 395.3(a), truckers carrying property or cargo – i.e., most truckers – may not drive without first having had at least 10 consecutive hours off duty. If a truck driver is found to be making long trips back-to-back, they may be in violation of federal regulations. They are also more likely to become too tired to drive safely, and others on the road might be at risk. Additionally, once a truck driver is on duty, they must cease driving after a period of 14 consecutive hours. However, during those 14 hours, a trucker may not actually drive a truck for more than 11 total hours. Furthermore, truckers typically cannot drive for more than 8 consecutive hours without at least a 30-minute uninterrupted break.

Drivers carrying passengers must adhere to somewhat different regulations. Under § 395.5(a), a driver may not operate a passenger-carrying vehicle for longer than 10 hours after having at least 8 consecutive hours off duty. Additionally, a driver may not operate a passenger-carrying vehicle after having been on duty for 15 hours following 8 consecutive hours off duty.

How Hours of Service Requirements for Truckers in NY Affect Injury Lawsuits

While these regulations governing the hours of service of truck drivers might seem like pointless bureaucratic jargon, they are there for a reason. When truck drivers violate these regulations by driving longer than they should, they risk becoming overly tired. A tired trucker is dangerous, and they may be more likely to cause an accident. If our Long Island truck accident lawyers have evidence that the trucker who caused your accident violated these rules, your case may be much stronger.

Trucker Fatigue

First, we must consider why we believe the truck driver is liable for the accident and your injuries. If we believe that the trucker was way too tired to drive safely, having evidence that they violated hours of service regulations may be just the proof we need. Providing that someone was too tired to drive is difficult, as a trucker’s “tiredness” is somewhat subjective. The trucker might insist they were not too tired, and there may be little to no way to prove them wrong. However, if we prove they were on the road longer than legally allowed, our argument for trucker fatigue may be much stronger.

Evidence of Negligence

Even if the defendant trucker was not overly tired when they caused the accident, evidence that they were driving beyond the limits permitted under federal law may still be considered evidence of negligence. An act may be considered “negligence per se” if it is negligent because it is a violation of the law. Driving in violation of hours of service regulations is indeed a legal violation and may be deemed an act of negligence even if the trucker was not overly tired at the time of the accident. Having such evidence may only strengthen your claims for damages.

Trucking Company’s Liability

When suing for a truck accident, more than just the truck driver might be implicated. Their employer, the trucking company, might also be liable for the accident. Is there evidence that the trucker was pushed by their employer to drive for longer than legally allowed? If so, we might have a stronger case against the trucking company. If we can hold both the trucker and their employer liable for your damages, you stand a better chance of recovering compensation. This is especially important if we believe the trucking company has a pattern of making employees drive in violation of federal regulations.

How to Prove a Trucker Violated Hours of Service Requirements in NY

Proving that a truck driver violated the federal regulations regarding hours of service takes evidence. Exactly what kind of evidence you need depends on how the accident happened and what evidence is even available. Your lawyer should be able to help you determine what evidence you need and how to obtain it.

Truckers often keep logs of when they drive and for how long. If the truck driver logged their driving time on the day of the accident, we can check to see if there is any indication that they drove for longer than legally permissible. However, logs are not always accurate. Truckers might forget to log information or fudge the data so that nobody finds out they violated federal regulations.

Another possible source of evidence is the event data recorded, sometimes called a black box device. These are similar to those found on planes, and they automatically record all sorts of information about the truck. For example, the recorder might automatically log when the trucker starts the truck, when they hit the brakes, rates of speed, and when the truck stops. Analyzing this data might show us whether the truck driver was on the road for far longer than legally allowed.

We should also review relevant trucking company records. If the trucking company has a history of federal violations or making truck drivers drive for way too long, their records might be the evidence we need to prove it.

Contact Our NY Truck Accident Attorneys for Help with Your Case

Call The Carrion Law Firm at (718) 841-0083 and ask our Queens truck accident attorneys for a free review of your case.