Cheyenne Truck Accidents Lawyer

What Are the Most Common Causes of Truck Accidents?

There can be multiple factors that contribute to a trucking accident, including any of the following:

• Defective trucks or improper maintenance
• Intoxicated, drowsy or drugged drivers
• Aggressive driving or excessive speed
• Distracted truck drivers
• Improperly loaded cargo

Who Can Be Liable in a Truck Accident?

Truck accident liability can fall on:

• The truck driver
• The trucking company
• The manufacturer or supplier
• Someone else depending on the circumstances of the accident

How Is Truck Accident Liability Determined?

In order to win your truck accident claim, you will need to prove that the accident was caused by negligence. In trucking accidents, there are several parties who could contribute to an accident via negligence:

• The Trucking Company - The trucking company can be held responsible for failure to properly maintain the truck itself, for hiring inexperienced or negligent drivers, for forcing their drivers to drive excessive hours, etc.
• The Driver - If the driver was intoxicated or under the influence of drugs at the time of the incident, they can be found personally liable for the accident.
• The Manufacturer/Cargo Loaders - If the accident resulted from improperly loaded cargo, the manufacturer or cargo loaders can be held liable.

What Are the Hours-of-Service Regulations?

The hours of service (HOS) regulation are a set of rules established by the Federal Motor Carrier Safety Administration (FMCSA) in the United States that govern the amount of time commercial truck drivers are allowed to operate their vehicles before taking required rest periods. The primary goal of these regulations is to prevent driver fatigue and reduce the risk of accidents caused by drowsy driving.

The main provisions of the HOS regulation include:

• 11-Hour Driving Limit: Truck drivers are permitted to drive a maximum of 11 consecutive hours after having 10 consecutive hours off-duty.
• 14-Hour Duty Limit: A truck driver's total workday, including driving and non-driving tasks, cannot exceed 14 hours after coming on duty following 10 consecutive hours off-duty.
• Rest Breaks: Drivers are required to take a 30-minute break if more than 8 hours have passed since their last off-duty or sleeper berth period.
• 60/70-Hour Weekly Limit: Drivers are subject to a maximum of 60 hours of on-duty time in a 7-day period or 70 hours in an 8-day period, depending on the carrier's schedule.
• Sleeper Berth Provision: Truck drivers can split their required off-duty time into two periods, provided that one is at least 8 hours long and the other is at least 2 hours long (in the sleeper berth).