Sometimes the victim of a truck driver’s negligence can sue the driver if he was in the “course and scope ” of his employment at the time of the accident as well as the trucking company, broker, sub-haulers and owner of the trailer. Frequently laws are violated due to driver fatigue, vehicle maintenance or improper loading.
The Federal Motor Carrier Safety Administration limits the number of hours a driver can drive without resting. We work with truck experts to get to the facts of each accident by preserving the evidence, obtaining police report, photos and witnesses.
Frequently laws are violated due to driver fatigue, vehicle maintenance or improper loading. The Federal Motor Carrier Safety Administration (“FMCSA”) limits the number of hours a driver can drive without resting.
For example, FMCSA Regulation 395.3(a) (2) is known as the 14 hour rule: A driver can only be on duty for 14 consecutive hours, and can only drive a total of 11 hours during this 14 hour period (Reg. 395 (a) (3)). Beginning June 30, 2013, driving is not permitted if more than 8 hours have passed since the end of the driver’s last off duty or sleeper-berth period of at least 30 minutes. In other words, drivers have to take a break every 8 hours.
Unfortunately, because most long haul truck drivers are not paid by the hour, but are paid by the mile, (or by the load) their system of compensation actually encourages fast driving – because the more miles they drive, the more money they will make. This of course provides a financial incentive for truck drivers to speed and to ignore the Federal limitations imposed on the number of hours they can drive.
In other words, truck drivers can make more money if they ignore these safety laws. However, the employers of these drivers are the ones encouraging these violations by how the compensation system is designed.