Key Takeaways:
- Federal “hours-of-service” rules limit how long truck drivers can drive and work before they must rest.
- Electronic logs and other trip records can show when a driver broke those limits.
- A trucking company may share the blame when its schedules or pay practices push drivers to skip rest.
Freehold truck accident lawyers can prove driver fatigue by checking a trucker’s electronic logs and trip records against federal hours-of-service limits. When those records show a driver stayed on the road too long, both the trucker and the trucking company may owe an injured claimant fair compensation.
Why Truck Driver Fatigue Is One of the Most Dangerous Factors on the Road
Investigators reviewing a truck accident Route 9 Freehold NJ lawyers handle often start by asking how long the driver had been working, because fatigue slows reaction time and dulls judgment. And since a loaded tractor-trailer needs far more room to stop than a car, that increases these risks. Those two hazards are especially dangerous on Route 9, Route 33, and I-195 near Freehold, where freight traffic shares the road with commuters and school buses.
What the Federal Hours-of-Service Rules Require
Federal hours-of-service rules set four main limits for truck drivers:
- Up to 11 hours of driving after 10 straight hours off duty
- No driving after the 14th hour on duty, so a 6 a.m. start means stopping by 8 p.m.
- A 30-minute driving break after eight hours behind the wheel
- No driving after 60 on-duty hours in seven days or 70 hours in eight days
How Electronic Logging Devices Reveal Hours-of-Service Violations
Electronic Logging Devices (ELDs) connect to a truck’s engine and automatically record driving time. Once the truck stops, however, the driver selects a status such as off duty, which leaves room for false entries. Lawyers check those entries against fuel receipts, E-Z Pass records from the Garden State Parkway or New Jersey Turnpike, and dispatch messages. A mismatch can help prove an hours-of-service violation truck accident claim.
When the Trucking Company Is to Blame for Driver Fatigue
A trucking company can be held responsible for its own choices, not just the driver’s mistakes. Federal law bars carriers from allowing hours-of-service violations or pressuring drivers to keep going when they need rest. In a truck driver fatigue accident NJ case, evidence of delivery deadlines no driver could legally meet, pay-per-mile incentives that reward skipping breaks, or ignored log violations can show the company helped cause the crash.
What to Do After a Truck Accident in Freehold
Injured people should visit an Urgent Care, CentraState Medical Center in Freehold Township, or another hospital, even when their symptoms seem minor. We also recommend exchanging information with the truck driver, taking photos of the scene, getting the trucking company’s name, and obtaining witness contact information before leaving the scene. Inform your insurer about the crash, but avoid providing details; contact the best truck accident lawyer Howell Township has to offer.
Frequently Asked Questions (FAQs):
Can a truck driver be fatigued without breaking hours-of-service rules?
Yes, because a driver can follow every limit and still be drowsy from poor sleep or an illness.
Can an injured person still recover money if partly at fault?
Yes, as long as the injured person’s share of the blame is not greater than that of the other parties combined, under N.J.S.A. 2A:15-5.1. Any award, however, drops by that person’s percentage of fault.
How long does someone have to file a truck accident lawsuit in New Jersey?
New Jersey generally allows two years from the crash date under N.J.S.A. 2A:14-2. A claim against a public entity, such as a crash with a town or county vehicle, requires a “Notice of Claim” within 90 days.
Our Skilled Freehold Truck Accident Lawyers at Lombardi & Lombardi, P.A. Can Prove When a Tired Trucker or Their Company Breaks the Rules
To learn if a trucker’s fatigue contributed to your crash, contact our Freehold truck accident lawyers at Lombardi & Lombardi, P.A. Call 732-906-1500 today or complete our online form for a free consultation. With office locations in Brick, Freehold, Edison, and Toms River, New Jersey, we proudly serve clients throughout the state.
