If you’ve been in an accident with a commercial truck in Los Angeles, recent changes to trucking regulations could affect your case. Sweeping changes to Hours of Service (HOS) rules came in 2020 as the Federal Motor Carrier Safety Administration (FMCSA) updated them. These regulations aim to prevent driver fatigue, a significant cause of truck accidents.
The updated rules provide truckers more flexibility, potentially impacting how fault is determined in an accident. Understanding these modifications is crucial for anyone involved in a truck accident claim.
Overview of new rules
The FMCSA made several significant changes to the HOS rules:
- Modified the 30-minute break requirement
- Changed the sleeper-berth exception
- Updated the adverse driving conditions exception
- Revised the short-haul exception
These modifications offer truckers more scheduling options but could lead to more extended periods behind the wheel, raising safety concerns. Under the new rules, truck drivers can now drive for up to eight consecutive hours before they’re required to take a 30-minute break. This is a change from the previous regulation, which mandated a break after eight hours of on-duty time, whether driving or not.
Implications for your claim
These new rules can affect your truck accident claim in several ways:
- Establishing driver fatigue might be more complex.
- Trucking companies may have additional defense options.
- Attorneys may need to conduct more thorough investigations of the driver’s schedule.
For instance, a driver using the new sleeper-berth exception might stay on the road for longer stretches, potentially increasing the risk of fatigue-related accidents. However, if they followed the rules correctly, the trucking company might argue they weren’t negligent.
Building a stronger case
Given these changes, gathering extensive evidence after a truck accident is essential. Evidence could include:
- The driver’s logbook
- Data from the truck’s electronic logging device
- Receipts from the driver’s trip
- Witness statements about the driver’s behavior
Analyzing this information is vital to determining if the driver complied with the new HOS rules and demonstrating how any violations contributed to your accident.
While these rule changes are significant, they’re just one aspect of a truck accident case. Factors like vehicle maintenance and driver training remain crucial in determining fault.
Don’t let trucking companies use these new rules to avoid responsibility. With informed legal help, you can build a strong case that accounts for these changes and protects your rights.