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Truck Accidents

How to Prove an Hours of Service Violation After a Truck Accident

A fatigued commercial driver is one of the most dangerous hazards on the road — when a trucker nods off behind the wheel, the resulting crash is often catastrophic for everyone else involved. Because of that risk, the Federal Motor Carrier Safety Administration enforces Hours of Service regulations limiting how long a commercial driver can be on the road without rest.

Not every driver follows those rules. If you were struck by a trucker you believe was drowsy, evidence that can help prove an Hours of Service violation includes:

  • Records from weigh stations along the driver's route
  • Data from the vehicle's black box
  • The driver's Hours of Service logs
  • GPS data showing the truck's speed and location over time
  • Time-stamped bills of lading
  • Time-stamped maintenance records
  • The driver's cellphone records
  • Receipts for fuel, tolls, food, and drink along the route

Other Ways to Strengthen a Truck Accident Claim

  • Seek prompt medical care — ties your injuries directly to the crash and shows you took reasonable steps to limit your damages
  • Preserve documentation — medical records, hospital bills, diagnostic images, and repair or replacement invoices
  • Stay off social media — insurers monitor claimants' accounts for anything that could undercut credibility
  • Hire an attorney — to handle correspondence with the trucking company's insurer and secure time-sensitive evidence before it's lost

Hurt in a Truck Accident?

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Attorney Advertising. Prior results do not guarantee a similar outcome. This website is not intended to provide legal advice; consult a licensed New York attorney about your specific situation. Brian C. Pascale is responsible for the content of this site. Principal office: 1565 Franklin Avenue, 3rd Floor, Mineola, NY 11501.

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