Search Site
Menu
Looking at the “Hours of Service” and their role in truck accident litigation, P.2
On behalf of Rubin & Licatesi, P.C. posted in motor vehicle accidents on Wednesday, September 21, 2016.

Previously, we began looking at the so-called Hours of Service rules, which are administered by the Federal Motor Carrier Safety Administration. The Hours of Service rules are an important area to consider for those pursuing a personal injury claim following a truck accident. In any personal injury claim, motorists are required to provide evidence for four basic elements: duty; breach; causation; and harm

Essentially, what must be proven in any personal injury claim based on negligence, regardless of the circumstances, is that the defendant failed to abide by an established legal duty, and that this breach of duty was the “proximate cause” for the plaintiff’s injuries. Depending on the circumstances of the case, there can be a variety of factors which make up a plaintiff’s allegations of breach of duty, including violations of federal regulations.

When it comes to the Hours of Service rules, both truck drivers and their employers have legal duties. For drivers, there is the legal duty to follow the rules and to track this compliance according to the required method. Sometimes truckers attempt to alter records in an effort to avoid penalties and liability. An experienced attorney can help identify noncompliance. For trucking employers, there is the duty to ensure drivers are properly trained on their obligations under federal law, and that they are compliant with the rules on an ongoing basis.

A truck driver who has been neglecting his or her duty to follow the Hours of Service rules, or an employer which has been overlooking this neglect or failing to monitor its employees’ compliance with the rules, deserves to be held accountable. Working with an experienced attorney can help ensure a truck accident victim has the best possible opportunity to hold all liable parties accountable.

Verdicts & Settlements

Over $100 Million in Verdicts & Settlements For Our Clients

  • $8 Million

    Plaintiff sustained a series of fractures and other injuries to the right shin, heel and foot, requiring nailing of the right tibia with two proximal and two distal locking bolts, ultimately resulting in below-the-knee amputation

  • $3 Million

    Infant plaintiff sustained encephalopathy as result of DPT vaccination administered by NYC Health and Hospitals Corporation.

  • $1.7 Million

    Plaintiff was involved in a car accident resulting in multiple disc herniations requiring percutaneous fluoroscopic-guided epidural treatment and lumbar fusion laminectomy.

  • $1.3 Million

    47 year old male police officer injured as a result of surgical malpractice by an orthopedic surgeon resulting in an inability to work and permanent impairment of gait.

  • $2 Million Dollar

    Wrongful death case settled at the Appellate level, 44-year-old husband and father drowned while swimming in a municipal pool.

Watch Our Videos
Meet Our Team
  • NYSTLA
    Nasaau County Bar Association
    NYSBA
    Queens County Bar Association
    ABA
  • ATLA
    Martindate Peer Review Rated
    Avvo Live Rating
    Avvo Live Reviews
    Avvo Clients Choice 2018
  • SuperLawyers
    US Union Network
    TNTL Top 100
    Top Attorneys NY Metro 2019
     
  • NYSTLA
  • Nasaau County Bar Association
  • NYSBA
  • Queens County Bar Association
  • ABA
  • ATLA
  • Martindate Peer Review Rated
  • Avvo Live Rating
  • Avvo Live Reviews
  • Avvo Clients Choice 2018
Contact us

Quick Contact Form