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Schwalben Law Firm
Lee M. Schwalben, M.D.,J.D.,LLC

Admitted to practice in law Louisiana, New York and *Florida

Lake Charles
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Schwalben Law Firm

Lee M. Schwalben, M.D.,J.D.,LLC

Admitted to practice in Louisiana, New York and *Florida

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Hours of service restrictions violated in truck accident

On Behalf of | Oct 26, 2015 | Firm News, Truck Accidents | 0 comments

The Federal Motor Carrier Safety Administration (FMCSA) imposes strict regulations on truck drivers. One of those regulations specifies how many hours drivers may be on the road without taking rest breaks in an attempt to ensure that they are not fatigued while driving. A violation of these restrictions could lead to a serious or fatal truck accident here in Louisiana.

In the aftermath of a fatal accident that took place on Oct. 1, the FMCSA reports that the truck driver involved violated the hours of service regulations by driving more than 14 hours on that day. In addition, it was discovered that he had also exceeded his allotted hours of service for seven days prior to the crash. To make matters worse, an inspection of the truck revealed that the brakes were not in proper working order, the steering system was inadequate and the wheels and rims were defective, among other mechanical issues.

The driver — who is licensed here in Louisiana — was hauling logs through Concordia Parish when the truck veered into the opposite lane of travel. The massive truck slammed head-on into a pickup truck. Three of the pickup’s occupants died in the accident, and one other suffered serious injuries. The current condition of that individual is not known.

The FMCSA’s report could be used as evidence of the truck driver’s negligence in any wrongful death or personal injury claims filed in the aftermath of this deadly truck accident. The driver, along with his employer and possibly other parties, could be held financially responsible for the deaths and injuries if negligence is proved. Any monetary judgments resulting from successfully litigated claims could help with the financial losses associated with this potentially avoidable tragedy.

Source: truckinginfo.com, “Trucker Violated HOS Limits on Day of Fatal Crash“, Oct. 16, 2015

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