Hours of Service Violations and Truck Accident Claims

 Posted on July 30, 2024 in Personal Injury

Rules are usually there for a reason. While that might have been hard to understand when you were a child, as you grow up it becomes easier to see why certain rules have been made. A huge number of rules and regulations that drivers need to follow have been made to ensure road safety. While regular drivers are not legally required to take rest breaks during a long trip, it is easy enough to understand why truck drivers are. Trucks are much bigger and can cause much more damage to people and property in a collision, so their drivers have to comply with hours of service (HOS) regulations. This article will explain how a personal injury case following a truck accident can be impacted if a driver violates these regulations. If you have further questions, a skilled Bloomingdale, IL personal injury attorney can help.

Legal Implications of Hours of Service Violations

If you can demonstrate that a truck driver who crashed into you violated HOS regulations, it can affect your personal injury case in several ways, including:

• Establishment of liability: If the driver ignores road safety rules, he is liable for the accident and can be held accountable.
• Proof of negligence: Truck drivers are required by law to keep detailed records of their driving shifts, including when they take rest breaks. If the records show that they violated the regulations, it is proof that they were not driving safely and were being reckless and negligent.
• Impact on compensation: An HOS violation can affect the compensation you could be awarded. Sometimes, compensation only covers medical costs. Under other circumstances, particularly if the negligence is considered more reckless - if, for example, your lawyer can show that the driver had a pattern of violating HOS regulations - you might get compensation for lost income, emotional distress, pain and suffering, and punitive damages.

Proving That Regulations Were Violated

It takes investigation and documentation to prove that HOS regulations were violated. To do so, you need to work with legal professionals who can access and analyze the driver’s logs and other evidence. That can help you establish a link between the violations and the accident, which will improve your chances of getting the outcome you want.

Schedule a Free Consultation with a DuPage County, IL Personal Injury Lawyer

If you were hurt in an accident with a truck, speak with a qualified Lombard, IL personal injury attorney about whether HOS violations were a factor. At Mevorah & Giglio Law Offices, we fight passionately on behalf of our clients to get them the compensation they deserve. Call us at 630-932-9100 to schedule a free consultation in one of our three conveniently located offices in Lombard, Bloomingdale, or Naperville.