Holding Truck Drivers Accountable for Their Actions

Truck drivers keep commerce flowing in the U.S. by transporting goods between manufacturers and retail businesses. With that job, however, comes tremendous responsibility to share the road safely with other drivers. The large size of tractor-trailers, and the high speeds they often travel, are a recipe for disaster when a collision occurs. To help prevent truck accidents, the federal government regulated how many hours a trucker can be behind the wheel.

When a truck driver violates these hours of service regulations, he puts everyone on the road in danger. Fatigue is just as dangerous as driving while impaired, since it slows down reaction times, reduces good judgment, and causes many wrecks. While federal regulators can impose harsh fines on drivers and companies that violate hours of service laws, they do little to compensate people injured by such recklessness.

If you or a loved one has been injured by a truck driver, call Wingate, Russotti, Shapiro & Halperin, LLP, at (212) 986-7353 to speak to a top NYC truck accident attorney. We’ll hold the driver accountable for what happened.

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Commercial Truck Driver Hours of Service

There are strict limits in place on how many hours a truck driver can work to help prevent fatigued driving. These HOS limits are:

  • After 10 consecutive hours off duty, a truck driver transporting property can drive for a maximum of 11 hours. A truck driver transporting passengers can drive for a maximum of 10 hours, after 8 consecutive hours off duty.
  • The 11 hours of maximum driving must fall within a maximum of 14 total hours on duty, following 10 hours off duty. Truck drivers with passengers can only be on duty for a maximum of 15 hours following 8 hours off duty.
  • After 8 consecutive hours of driving, a commercial truck driver must take at least a 30-minute break before continuing to drive.
  • Truck drivers transporting either property or passengers must stop driving after accumulating a total of 60 hours on duty over the course of 7 days, or after 70 hours on duty over the course of 8 days.
  • The 7/8-day period resets only after a trucker has taken at least 34 consecutive hours off duty.

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Penalties for Hours of Service Violations

Federal regulators have cracked down time and again on drivers who violate these hours of service regulations and the companies that hire them. If a fatal crash occurs, the truck driver can even be arrested and charged with a criminal offense. Otherwise, punishments are typically financial and come in the form of harsh fines for each individual HOS violation.

Of course, these fines do not go to the people who were injured in the collision. When a truck driver takes risks, such as driving beyond the legal time limit, that negligence can make them liable for injuries they cause.

To recover compensation for your injuries after a collision with a fatigued truck driver, you can file a civil lawsuit. While you might initially assume the driver is solely to blame, trucking companies often have an unofficial policy of pushing their drivers beyond the HOS limits and rewarding them for getting the job done faster.

These kinds of things can be difficult to prove, however, which is why you need an experienced New York personal injury attorney to represent you. Call us today at Wingate, Russotti, Shapiro & Halperin, LLP, at (212) 986-7353 to discuss what happened and learn about your options for compensation.

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Additional Information

Our Truck Accident Case Results

$3.5 Million - Young Woman Run Over By Garbage Truck

Bryce Moses represented a young woman who was run over by a garbage truck in Brooklyn that shattered her ankle in three places.

Bryce Moses

$3.3 Million - NY Truck Accident Case

The plaintiff asserted that the injuries suffered in the collision with the truck will permanently prevent her from working.

Kenneth Halperin, Philip Russotti

$3 Million - New York Truck Accident

Joseph Stoduto and Cliff Shapiro were able to settle a truck accident case for the amount of $3,000,000 on behalf of a 45 year old delivery man from Queens.

Clifford Shapiro, Joseph Stoduto

$2 Million - Flatbed Tractor Trailer Backed Into Minibus

Cliff Shapiro obtained a recovery for a 32-year-old male who was in the course of his employment with Access-A-Ride when his vehicle was struck by a flatbed tractor trailer.

Clifford Shapiro

$1.8 Million - Two Clients Struck by Garbage Truck

WRSH attorneys obtained a $1,800,000 settlement a year before trial for two plaintiffs who were injured after they were struck by a garbage truck.

Clifford Shapiro, Noah Katz

$1.5 Million - New York City Department of Sanitation Truck Accident

This motor vehicle accident involved a 43 year old woman who was rear-ended by a New York City Department of Sanitation truck.

Michael Fitzpatrick, Clifford Shapiro

$1.5 Million - Back Seat Passenger Underwent Lumbar Fusion

The plaintiff, a 29 year old male, was injured when he was a back seat passenger of a car that was sideswiped by a commercial truck which caused the car to be pushed off of the road into a tree.

Michael Fitzpatrick, Nicole Gill

$1.5 Million - Bronx Woman Injured in Truck Collision

WRSH attorneys Clifford Shapiro, Robert Bellinson and Joseph Stoduto were able to obtain a settlement in the amount of $1,500,000 on behalf of a fifty-one year old librarian from Bronx County.

Clifford Shapiro, Robert Bellinson,Joseph Stoduto

$1.35 Million - Rear-End Truck Accident Causing Injuries

Plaintiff sustained injuries to his knee and spine after his vehicle was rear-ended by a truck.

Ryan Lawlor

$1.3 Million - Parked Car Sideswiped by Commercial Truck

Our client in this case was a 37-year old man who was injured when his parked school bus was sideswiped by the defendants' commercial truck.

Nicole Gill, Kenneth Halperin

$1.3 Million - Crash with Fire Department Truck

Philip Russotti and Brielle C. Goldfaden obtained a $1.3 million settlement after jury selection on a trial against the City of New York, the New York City Fire Department and an FDNY employee.

Philip Russotti, Brielle Goldfaden,William Hepner

$1.150 Million - Garbage Truck Accident Case

Joseph Stoduto and Bryce Moses were able to obtain a settlement in the amount of $1,150,000 on behalf of our client, a 35-year-old man from Kings County.

Joseph Stoduto, Bryce Moses

$800,000 - Garbage Truck Accident

Our client was a 60 year old man who was stopped at a red light when defendant, who was driving a mack truck while performing garbage collection in Brooklyn, struck him in the rear.

Robert Bellinson

$750,000 - Truck Lost Control Causing Serious Collision

Joseph Stoduto was able to obtain a settlement in the amount of $750,000 on behalf of our client, a forty year old man from Queens County.

Joseph Stoduto

$750,000 - Client Rear Ended by an Electrical Contractor Truck

Wingate, Russotti, Shapiro & Halperin attorney settled the case of our client being rear ended by an electrical contractor truck on the Van Wyck expressway.

Kenneth Halperin

$205,000 - Truck Veered Into Lane Causing Serious Collision

Joseph Stoduto was able to obtain a settlement in the amount of $205,000 on behalf of our client, a thirty year old man from Kings County, NY.

Joseph Stoduto

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