Large commercial freight vehicles like 18-wheelers are difficult to maneuver, have extended blind spots, and require long stopping times. They also outweigh typical family vehicles by as much as 76,000 pounds. Motorists in other vehicles involved in truck accidents are vulnerable to serious injuries, experiencing 70% of truck accident injuries while the truck driver is often uninjured or less seriously hurt.
Truck drivers and trucking companies have a duty of care to others on the road to take all reasonable measures to avoid accidents. An important aspect of this duty of care is adhering to driving limits regulated by the Federal Motor Carrier Safety Administration (FMCSA).
How to Prove That Hours of Service Regulations Were Violated
Limits on driving hours are strictly regulated in the trucking industry. Drivers may not drive more than 14 consecutive hours and must have at least ten off-duty hours before beginning driving again. After ten hours off duty, a driver may not exceed 11 driving hours. Driving hour regulations also require truckers to take 30-minute rest breaks at least every 8 hours while on driving duty. These regulations help to prevent driver fatigue and accidents.
A driver must meticulously log their hours and break times. After an accident, it takes a detailed investigation to determine whether or not there was a violation of driving hour regulations and whether the violation caused or contributed to the accident. Sources of evidence include the following:
- A driver’s electronic logbook
- The “black box” or electronic data recorder installed in most commercial trucks, which may reveal important evidence such as whether or not the driver was driving erratically before the accident or if they failed to react to a hazard by braking or swerving
- GPS equipment tracking
- Food and gas receipts
- Shipping and delivery records
Trucker logbooks are often the central component of a truck accident claim when investigations suggest that drowsy driving caused or contributed to the accident.
Steps to Take When Injured In a Truck Accident In New Jersey
The aftermath of an accident involving large trucks is a chaotic scene, especially when the accident causes serious injuries. Accident victims may be unable to take any purposeful action if they’ve suffered severe injuries; however, by using a cell phone—or asking an uninjured person to use a phone camera—you can document important evidence before emergency services move the vehicles out of their positions to restore traffic flow. A cell phone becomes an important tool to do the following:
- First, call 911 to report the accident and apply any reasonable first aid required
- Then, use the phone camera to take photos of the truck, including the DOT identification number on the side of the cab
- Photograph the damaged vehicles
- Take photos of the accident scene, including the position of the vehicles and anything relevant, like a traffic signal or signs
- Take photos of any visible injuries
- Add the contact information of the truck driver and any eyewitnesses
Eyewitnesses are critical in truck accident claims when accidents occur in areas lacking traffic cameras or nearby surveillance cameras.
How Can a Truck Accident Attorney Help?
Proving hours of service violations caused or contributed to an accident requires an in-depth understanding of FMSCA regulations and access to mechanical experts and other resources. Trucking companies have large, powerful insurance companies that often protect their profits at the expense of injury victims. Damages in truck accident claims in New Jersey add up quickly, with medical expenses, lost wages, and compensation for pain and suffering often exceeding the limits of a driver’s personal injury protection (PIP) policy. Reach out to the New Jersey truck accident lawyers at Cuneo & Leonetti for the experienced representation you need to get results.