Both property-carrying and passenger-carrying trucks can be seen every day in Arkansas as they crisscross the state. However, these truckers are held to strict driving time limits and our team can help you hold them accountable if they violate them and injure you.
Truckers hauling cargo cannot drive more than eight hours at a time without a break or more than 10 hours total in a 14 hour on-duty period. They also cannot be on duty more than 60 or 70 hours, depending on whether their trucking company is on a seven or eight-day weekly schedule. When these regulations are overlooked, drivers get tired, and serious accidents are more likely to occur. Our lawyers can gather driver logs and other evidence to show how the driver violated their duty and whether the trucking company should also be included in your lawsuit.
Call us today at (479) 316-0438 for your free case review with our Arkansas Truck accident lawyers.
What Hours of Service Requirements Are Truck Drivers Subjected to in Arkansas?
Hours of service (HOR) requirements refer to the maximum amount of time a truck driver can be behind the wheel and on duty in a given period. The Federal Motor Carrier Safety Administration (FMCSA) sets these regulations, which are encoded in 49 C.F.R. § 395.3. These rules dictate how long a driver can operate before taking a break, how long they can drive in a session, and be on duty in a day, and weekly time limits. If a truck driver violates these strict rules, even by a minute, and injures you, our Arkansas truck accident lawyers can help file a lawsuit against them and potentially their employer. We can collect evidence to determine where they should have taken a break and how long past the regulations they drove.
When Trucker Drivers Are Required to Take a Break
Truckers carrying cargo can only drive for eight cumulative hours with a 30-minute break included somewhere in between. The break can occur while a driver is on duty but not driving, in a sleeper berth, off duty, or any combination of these, as long as the 30 minutes are consecutive.
How Long Truck Drivers Can Operate in a Day
Different daily driving limits apply to truckers hauling cargo.
Property-carrying truckers can only start a work shift after being off duty for 10 consecutive hours. While on duty, they can drive for a total of 11 hours but can only be on duty for 14 hours overall. This 14 hours includes the 30-minute rest period and any other breaks.
Drivers can satisfy the off-duty requirement by resting in a sleeper berth. Moreover, the off-duty time can be split into separate periods. Property-carrying truckers can split off-duty periods into two sessions, but one must be at least seven consecutive hours long and the other at least two hours and add up to a minimum of 10 hours off duty.
One exception to these daily limits is when truckers face adverse driving conditions, like severe weather. In such situations, the daily driving limit can be extended by as much as two hours. Emergency conditions, like the police investigating an accident down the road, can also extend the driver time limits.
How Long Truck Drivers Can Drive in a Week
All cargo-carrying truckers are subject to weekly HOS limitations. However, the drive time limit will depend on whether the trucking company they are driving for is on a seven or eight-day schedule.
Trucking companies on a seven-day schedule do not operate every day of the week, and their drivers can only be on duty for 60 hours during that time. If a trucking company has truckers driving every day, it is on an eight-day schedule. These truckers can be on duty for 70 hours during this period. These 60 and 70-hour work periods include driving times, rest periods, and administrative work.
After resting for 34 or more hours, the weekly period starts fresh.
What Can I Do if I Am Injured by a Trucker Violating Hours of Service Regulations in Arkansas?
The whole point of HOS rules is to keep truckers from driving to the point that fatigue is more likely to cause catastrophic accidents. If you are injured in a truck accident, our attorneys can file a lawsuit and gather evidence to determine if the HOS regulations were violated.
Under § 395.8, most truck drivers must keep detailed logs to keep track of their record of duty. These logs will detail when a trucker went on and off duty, whether they used a sleeper berth, the total miles they drove, and much more. They must also retain any other supporting documents, such as bills of lading, itineraries, and schedules, according to § 395.11. This information might also be recorded by the truck’s ELD device, known as a “black box,” or the truck driver might manually record this information in written logs. Our team can subpoena these records after filing your lawsuit and review them to determine how long past the required time they operated.
We might also be able to sue the trucking company when a truck driver violates the rules. Under the legal theory of respondeat superior, a trucking company can be named as a defendant in a lawsuit for the negligent conduct of its drivers, even if they did not push them to drive over the HOS limits. As long as the trucker was not off-duty when the accident occurred, deviating from their work requirements, or working as an independent contractor, we can most likely sue the trucking company along with the driver.
If the trucking company did actively encourage a driver to go past the time limit or falsified the logs, we can argue for the court to award punitive damages to punish them. Another way to prove the trucking company acted this way is to show if they have a history of doing so in other accident cases.
Contact Our Truck Accident Lawyers in Arkansas for Help Filing Your Claim Today
For a free case review with our Arkansas truck accident attorneys, contact us today at (479) 316-0438.