The U.S. Federal Motor Carrier Safety Administration (FMCSA) recently issued a notice that it intends to start writing new rules for the use of electronic onboard recording devices (EOBRs) to track hours of service (HOS) and other compliance with the agency’s safety rules, according to a report from The Trucker.
The FMCSA currently has a rule in place that covers uses of EOBRs to track driver movements, hours on the road, and other data that can provide key insights in an accident. However, the current rule is based on the technical specifications of a previous generation of EOBRs, most of which are no longer in use. The new generation uses different methods of tracking, recording, and storing data that are no longer covered by the old rule. Therefore, the FMCSA has begun taking advice and comments about updating the rules to reflect the changes in EOBR technology.
The FMCSA’s notice of proposed rulemaking included a mention of the agency’ interest in how EOBR data may be used to harass drivers, and asked for input on this issue in particular.
Many drivers dislike EOBR data because it can be used to question legitimate driver decisions, like the decision to take a particular detour to avoid construction, an accident, or other hazards. However, the data is also invaluable for providing clues in an accident by recording things like the truck’s speed, direction, and how long it had been on the road prior to the crash.
If you or someone you love has been injured in a truck accident, please don’t hesitate to contact an experienced St. Louis truck accident lawyer at Page Law. We have the legal resources and practical experience to help you find out what happened and hold any negligent parties accountable for their actions. For a free consultation, call us today at (314) 322-8515.
The American Trucking Association (ATA) recently filed a case with the U.S. Circuit Court for the District of Columbia, seeking a review of the new Hours of Service rules recently put into effect by the U.S. Federal Motor Carrier Safety Administration (FMCSA). The new rules limit the amount of time commercial truck and bus drivers may be behind the wheel each week, requires them to take a minimum number of rest breaks, and requires them to sleep during their overnight rest periods.
The ATA’s arguments to the circuit court ask the court to find that the new rules are “arbitrary and capricious” because they are not based on solid evidence. The ATA points out that truck accidents have declined every year under the previous rules and that, therefore, the new rules are not necessary to reduce truck accidents or improve trucker safety.
The FMCSA, on the other hand, argues that the new rules are necessary to reduce truck accidents and improve trucker safety. The agency points to several studies about driver fatigue and human sleep patterns that it says it used to design the new rules. These include studies that show that driver fatigue causes serious accidents and that sleep is most effective when it takes place during the time of day human beings are naturally sleepiest – usually, between 11 p.m. and 5 a.m.
At Page Law, our skilled Missouri truck accident attorneys are dedicated to fighting on behalf of those injured in truck accidents. We have the legal resources and real-world experience to investigate your accident thoroughly and help you get compensation from any parties whose negligence might have caused harm. Call us today at (314) 322-8515 for a free and confidential consultation.
The U.S. Federal Motor Carrier Safety Administration (FMCSA) recently changed its Hours of Service (HOS) rules to require drivers to spend less time per week on the road and to sleep when the human body is sleepiest, between midnight and 5 a.m., on their days off. These changes were intended to reduce truck driver fatigue, a key source of truck accidents.
The rule changes left the number of hours a driver may be behind the wheel in one day at 11 hours total. However, some say that this number will be reduced in the future, despite protests from the trucking industry that reducing it will hurt productivity and force them to hire additional drivers, thus raising the cost of shipping goods by tractor-trailer.
The 11-hour day was introduced in 2003. Prior to that time, drivers could not spend more than 10 hours a day behind the wheel. During the most recent rule change, the FMCSA said that it was generally in favor of a 10-hour day as opposed to an 11-hour day, but it did not yet have the science to back up a change. However, data collection by the FMCSA on accidents caused by extra driving may soon back up a retreat to the original 10-hour rule.
At Page Law, our experienced truck accident lawyers in St. Louis have handled hundreds of cases in which the negligence of a truck driver, trucking company, maintenance crew, and/or truck parts manufacturer or distributor has caused serious injuries. We can help you build a strong case that protects your rights and fights for the compensation you need after a crash. Call our office today at (314) 322-8515 for a free and confidential consultation.
Drivers of tractor-trailers are almost always working while they’re behind the wheel, either for themselves as owner-operators or for a trucking or other company. Most Missourians realize that these drivers are usually covered by worker’s compensation if they suffer an injury while on the road. But people who are involved in a truck crash while driving another vehicle may also be able to get workers’ compensation coverage if they are driving for their own jobs when the crash occurs.
Missouri workers’ compensation doesn’t usually cover commuting, or getting to and from work each day. However, if you make sales calls in a vehicle, deliveries, or run errands as part of your everyday job, you may be covered by workers’ compensation if you’re involved in a tractor-trailer crash while driving for your job.
Whether or not workers’ compensation applies to your crash, you also have the option in Missouri of holding the truck’s driver, the trucking company, the maintenance company, or the makers of any defective car or truck parts liable in court if their negligence caused the crash that injured you. These can be valuable sources of the compensation you need after a serious injury.
When a truck accident occurs, serious injuries can result. If you or someone you love has been injured in a truck crash, please don’t hesitate to call the experienced Missouri truck accident attorneys at Page Law. We have the experience and perseverance to help you find out what happened and hold any negligent parties responsible for the harm their actions have caused. For a free consultation, call us today at (314) 322-8515.
The U.S. Federal Motor Carrier Safety Administration (FMCSA) has several rules that govern truck driver safety, including rules that prohibit the use of certain kinds of medications and illegal drugs while a truck driver is operating a motor vehicle. Commercial drivers who use Schedule I drugs are not allowed behind the wheel of a commercial tractor-trailer or bus under any circumstances, says the FMCSA.
Recently, however, the FMCSA clarified one of these rules to enforce the prohibition against commercial drivers using Schedule I drugs under any circumstances. The FMCSA has long banned drivers from operating commercial motor vehicles if their drug tests showed they used Schedule I drugs, and the agency requires drivers suspended for Schedule I drug use to pass a drug test before they get behind the wheel again. However, confusion over what the rule meant by an employer’s need to have “actual knowledge” of Schedule I drug use led the FMCSA to clarify its long-held prohibition.
Schedule I drugs are uniformly illegal under federal law. The category includes drugs that are believed to have a high risk for addiction and other medical problems, and little or no use in treating or curing any diseases. The category includes drugs like methamphetamines, heroin, and cocaine.
Drug use is just one of the ways in which a truck driver can improperly increase the risk of an accident. Fatigue, driving beyond the hourly limits, not getting proper maintenance, and driving too fast for conditions or on unfamiliar roads can also cause serious accidents. If you or someone you love has been injured in a truck crash, please don’t hesitate to call the experienced St. Louis truck accident lawyers at Page Law. For a confidential and free telephone consultation, call us at (314) 322-8515 today.
To learn more about what to do after a truck crash in Missouri, watch this video:
A Grover Hill truck driver has received a national award for trucking safety after successfully driving his tractor-trailer for four years without a single accident, according to a recent article in the Times-Bulletin.
The driver received the award from the Owner-Operator Independent Drivers Association (OOIDA), an organization for truck drivers who own and drive their own tractors instead of working for a trucking company. The organization presents safety awards to members who meet certain milestones in safe truck operation, such as going for specified numbers of years without having an accident.
The Owner-Operator Independent Drivers Association has its headquarters in Kansas City, Missouri, but it has members all over the United States and in Canada. The organization promotes and encourages truck driver safety, and also provides information on other aspects of running an independent trucking business. Many of these, like hours of service and maintenance rules, also affect truck driver safety, either directly or indirectly.
Most truck drivers are professionals who take safety seriously, both for their own sake and for the sake of others on the road. When a driver becomes distracted, fatigued, or pushed beyond safe limits, however, serious injuries can result. At Page Law, our experienced Missouri truck accident attorneys are dedicated to investigating the details of each case we handle and holding any negligent parties accountable for their actions. If you’ve been injured in a truck crash, call us today at (314) 322-8515 for a free and confidential consultation.
A Grover Hill truck driver has received a national award for trucking safety after successfully driving his tractor-trailer for four years without a single accident, according to a recent article in the Times-Bulletin.