The sheer size and weight of commercial trucks make accidents involving them particularly devastating. When negligence leads to a driver violating Hours of Service (HOS) regulations, the consequences for injured victims can be life-altering. Can these violations affect your right to seek justice and fair compensation?
HOS regulations exist to prevent driver fatigue and keep roads safe
In Illinois, as in other states, truck drivers must follow strict guidelines on driving time and rest periods. These regulations include:
- A maximum of 11 hours of driving time within a 14-hour window
- A required 10-hour rest period between shifts
- A limit of 60/70 hours on duty in 7/8 consecutive days
When truckers violate these rules, they put everyone at risk.
HOS infractions can significantly impact your right to compensation
Violating the HOS regulations can affect your claim. Here is why:
- Proof of negligence: HOS violations demonstrate that the driver or trucking company failed to follow safety regulations.
- Increased liability: Companies that pressure drivers to exceed legal limits may face additional penalties.
- Higher compensation: Serious violations can lead to punitive damages on top of your actual losses.
- Easier settlement negotiations: Clear evidence of wrongdoing often encourages insurance companies to settle quickly.
To prove hours of service violations in your claim, you will need access to the truck’s electronic logging device (ELD) data. This information can be crucial in establishing the driver’s actions leading up to the accident. But obtaining this evidence is not always straightforward.
Trucking companies may try to hide or destroy records that could implicate them. They might also argue that their actions did not directly cause your injuries. A skilled lawyer can secure and analyze evidence on your behalf and take your case to trial if necessary.
