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Truck Accident Liability: The Driver

During this series of blog posts, we’ll be discussing the various ways in which parties are liable for their contribution to a severe truck accident. In this blog, we’ll talk about the problems involving truck drivers and how they are negligent.

Some of the regulations in the trucking industry dictate rules that truck drivers must follow. If they violate these rules, they are responsible for any harm that results from their actions.

Hours of Service

The Hours of Service regulations exist to help ensure truck drivers and others on the road remain safe. These regulations combat fatigued driving by limiting the number of hours a driver can work and drive consecutively after a ten-hour break.

Depending on the type of cargo the truck driver transports (passengers vs. property), the numbers range from 14 hours total for property-carrying drivers to 15 hours total for passenger-carrying drivers. These hours are the total number a truck driver can work, including hours during which they are driving.

If a driver is transporting passengers, he or she cannot drive more than 10 hours after 8 hours off duty. If a driver is transporting property, he or she cannot drive more than 11 hours after 10 hours off duty. Any time they drive beyond these hours is negligence on behalf of the driver, and he or she is liable for injuries.

If the Driver Owns the Truck

In many situations, a driver may own the truck he or she is driving. In these cases, the driver is responsible for maintaining his or her truck. Maintenance includes changing brakes and tires, repairing steering systems, and ensuring the truck is entirely safe for operation.

Avoiding Truck Scales

If a driver knows the truck exceeds the maximum weight limit, he or she may try to avoid truck scales on the side of highways. This action puts all drivers on the road in danger. Overloaded or unevenly loaded trucks can overturn, or the trailer can disconnect on a steep hill, causing a severe collision.

If you suffer harm because of a negligent truck driver, the Chris Mayo Law Firm is here to help. Our San Antonio truck accident lawyer has the experience and knowledge to help you pursue compensation for medical expenses, lost wages, and more.

Contact us today at (210) 899-5440 for a free consultation.

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