The Federal Motor Carrier Safety Administration (FMCSA) has quietly let lapse a national hours-of-service exemption in place for over two years, a move that is receiving support from truck safety advocates as well as trucking companies. According to news reports, the exemption, which was first issued by FMCSA in March 2020 following the national emergency declared by President Trump in response to COVID-19 was extended or modified over 10 times.
Change in Truck Safety Rules
This gave truck drivers and companies more flexibility to deliver shipment of medical supplies, vaccines and groceries by waiving hours of service (HOS) restrictions. But, the most recent extension, which was issued in September has now expired and not been renewed. FMCSA officials said they evaluated the data and information relating to the pandemic and decided it was best to let the exemption expire.
The American Trucking Associations and safety advocate group the Truck Safety Coalition both said it was time for the declaration to end. ATA said some of its members were concerned that the declaration was being used to abuse the safety rules. FMCSA has also taken down its web page dedicated to COVID-19 resources including HOS waivers.
Hours-of-Service Regulations
One of the most important federal truck safety regulations comes in the form of the Hours of Service or HOS rules, which require commercial vehicle drivers to get adequate rest before getting on the road. According to current laws, truck drivers are required to maintain electronic logs showing their breaks and time on the road.
For example, under HOS rules, truck drivers have an 11-hour driving limit, which means they may drive a maximum of 11 hours after 10 consecutive hours off duty. These rules are in place to prevent truck driver fatigue, which is one of the main causes of major truck accidents.
Who Can Be Held Liable?
There are a number of parties who can be held liable for truck accidents. The truck driver who causes the accident because of impaired driving, distracted driving, fatigued driving, speeding and other types of negligence (carelessness) can be held accountable. The truck driver’s employer — usually a trucking company or a large retailer or corporation — can also be held liable. Generally, the employer is legally responsible for the actions of its employees when they are on the job. So, a trucking company may be held liable for negligent (careless) hiring and negligent retention of a driver.
In some cases where the truck driver doesn’t own the truck, a claim may be made against the truck’s owner as well. Sometimes, if a third-party company loaded the cargo improperly, this may cause the load to fall off and injure others on the road or cause a jackknifing accident. In such situations, a cargo company may bear liability.
Contacting an Experienced Lawyer
Victims who have been injured in truck accidents may be able to seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased accident victims may be able to file a wrongful death lawsuit seeking compensation for damages such as lost future income, funeral costs, medical expenses, pain and suffering, etc.
If you or a loved one has been injured in a truck accident, or if you have lost a loved one in a motor vehicle accident caused by a negligent or careless driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 51 years, our skilled attorneys have established a proven track record of helping injured victims. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://www.overdriveonline.com/regulations/article/15301635/covid19-emergency-hours-of-service-declaration-allowed-to-expire