The Danger of Tired Truck Drivers: How Federal Regulations Affect a Georgia Car Accident Lawsuit

One of the most common causes of commercial truck accidents in Georgia is driver fatigue. Put simply, too many truckers spend too many hours behind the wheel without taking adequate time to stop and rest. Indeed, one of the first things our Atlanta truck accident lawyers look at when investigating a serious tractor-trailer crash is whether the driver failed to comply with federal Hours of Service regulations.

What Are Hours of Service Regulations?

Any individual or company that carries property or passengers across state lines for a fee is subject to Hours of Service (HOS) regulations. The Federal Motor Carrier Safety Administration (FMCSA) implements and enforces HOS regulations precisely to try and prevent a fatigued driver from causing an accident. While these regulations are far from perfect, they are nevertheless an important tool for protecting public safety.

So what are the actual HOS regulations? For property-carrying drivers (i.e., semi-trucks hauling cargo), the basic rules are as follows:

• A driver may drive a maximum of 11 hours per shift after spending at least 10 consecutive hours off-duty;
• A driver may not drive beyond the 14th consecutive hour after starting their shift following at least 10 consecutive hours off-duty; any off-duty time does not extend this 14-hour period;
• A driver must take at least a 30-minute break after spending at least 8 hours behind the wheel since their last 30-minute break;
• A driver may not drive more than 60 hours over 7 consecutive days, or 70 hours over 8 consecutive days, without spending at least 34 consecutive hours off-duty; and
• If the driver encounters adverse driving conditions (such as bad weather), they can extend their 11-hours-per-14-hours limit by up to 2 hours.

The HOS regulations for passenger-carrying drivers, such as those operating interstate buses, are similar but differ slightly as to the specific limits. For example, a passenger-carrying driver is limited to a maximum of 10 hours after spending at least 8 consecutive hours off-duty. And a passenger-carrying driver’s total shift cannot exceed 15 hours.

Why Truck Drivers Ignore HOS Regulations?

Although the HOS regulations are well-known and understood by everyone who works in the commercial transportation industry, violations remain commonplace. The main reason for this is that the trucking industry maintains tight delivery schedules, which puts pressure on drivers to remain “on time,” even when that means pushing beyond the limits of the HOS regulations. While drivers are required to log their hours, often using an electronic recordkeeping system, there are still ways for individual drivers and companies to manipulate these records to create a false appearance of compliance.

Contact an Atlanta Truck Accident Attorney

Truck accidents often cause fatal and life-threatening injuries to innocent victims. Those victims deserve to know if a negligent and fatigued truck driver should be held responsible. If you, or someone you love, is in this position and you need legal advice from a qualified Atlanta truck accident lawyer, contact Morain & Buckelew, LLC, today at (404) 448-3146, to schedule a free consultation.