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It is axiomatic that the trucking business is an interstate business. Meaning that is works through many, if not all, of the states in the US. Because of this, the federal government has an agency which drafts regulations application to all commercial truck drivers and trucking companies, no matter what state they are traveling in. This is in addition to the state laws which are also applicable as each truck driver and trucking company goes through the individual state. But the federal regulations are the minimum requirements.
And there’s not much “minimum” about them. The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency, and the regulations are quite extensive. The regulations span from tires to the amount of payment, to training and hiring, or the exact number of hours that a truck driver may operate a commercial vehicle. This amount of time that a truck driver can drive in a given amount of time during the day and, more broadly, during the week.
Generally, hours of service regulations are in FMCSA regulations Part 395. There are very specific rules that pertain to trucking companies and truck drivers in Part 395. But the basic requirements are the following on truck drivers:
The purpose of the hours of service regulations is to keep tired, fatigued, and overworked drivers off the roads. Thus, the purpose is to reduce New Mexico 18 wheeler wrecks. Even if a driver is feeling awake and alert, this does not mean that his or her mind is fatigued froth act of driving. Driving a large big rig takes a huge toll on a person, and doing so for more than 8 hours in a row can be exhausting-especially 60 hours in a week. Think about it; most desk-jobbers are extremely fatigued after 60 hours and they are sitting during that time, not physically manipulating and being constantly aware of every little detail on the roadway.
When a truck driver violates the hours of service regulations, it can result in very serious personal injuries to a driver. This is because a fatigued driver or a driver that falls asleep at the wheel and turn a large commercial truck into an unguided missile. Debilitating and fatal injuries are common in New Mexico trucking accidents, particularly on interstates like I-40, I-25, and I-10.
An experienced Albuquerque 18 wheeler wreck lawyer can help you recover compensation for damages caused by an hours of service violation that results in serious, personal injuries. To prove an hours of service violation, here are some steps and methods to win your case:
If you or a loved one has been seriously injured or wrongfully killed in a New Mexico trucking accident which may have been caused by an hours of service, please call our experienced Albuquerque 18 wheeler wreck lawyer to learn how we can help you recover compensation for pain and suffering, lost wages, medical bills, and other damages. Call us at the NM Truck Accident Attorneys to learn what your rights to compensation may be by dialing (505) 883-5000. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.