Since the national government realizes the potential threat that fatigued truck drivers can pose to others on the road, Canada has hours-of-service rules that limit the amount of time that a commercial truck driver can spend behind the wheel before being required to take a break. However, when these rules are violated, others on the roadway can be seriously injured or killed.
The experienced Windsor truck accident lawyers at Greg Monforton and Partners will thoroughly investigate your case and determine if hours-of-service violations contributed to your accident. The truck driver may be held liable for your injury. We will fight for maximum compensation for your claim.
Canadian Hours-of-Service Regulations
Generally, Canadian hours-of-service regulations limit drivers to 13 hours of driving a day within a 16-hour workday. Then, drivers must be off duty for at least eight consecutive hours.
More specific information about these regulations include:
- The 24-hour day period begins at the hour that the carrier designates
- There must be a minimum of 10 hours off-duty every day
- The driver can drive for a maximum of 13 hours
- The driver cannot drive after 14 hours on-duty in a day
- There must be a total elapsed time of at least eight consecutive hours between two shifts
- The driver must not drive after 16 hours of total elapsed time
- A cycle driver can select one of two cycles, either no driving after 70 hours on duty in seven days or no driving after 120 on-duty hours in 14 days
- A driver must take at least 24 consecutive hours off duty before accumulating a 70-hour period of on-duty work
- A driver can defer two hours of off-duty time in certain situations
How to Determine If There Was a Violation
In order to determine if there was an hour-of-service violation, you must establish if the vehicle is required to comply with these rules because there are some exceptions like drivers who work as a team and split the hour requirements or using a ferry as part of their driving time.
If you were injured in a truck accident, an experienced lawyer at our firm can take immediate steps to preserve crucial evidence in your claim. Our lawyers can gather critical information that can help establish whether an hour-of-service regulation was violated. The first step will be to request all pertinent information from the trucking company, including driver’s logs and electronic data.
Canada law requires truck drivers to maintain a record of their routes, including times when they leave and arrive. If the log book is outdated, this may indicate that the driver did not have enough time to maintain it or may have also cut corners by driving more hours than permitted. Our lawyers can also examine whether the log is fake, which would indicate that the driver knows he or she is violating these regulations and trying to cover it up.
We will also acquire any pertinent electronic records that show the speed and rate of travel. We will review any history of the trucking company violating safety regulations, including hours-of-service regulations or out-of-service orders.
Penalties for Violating the Hours-of-Service Rules
Violating an hour-of-service rule can result in significant penalties for the truck driver and the trucking company. Penalties may include:
- Large monetary fines
- Out-of-service declarations
- An audit conducted by the Ministry of Transportation on the driver or carrier
- A downgraded safety rating for the carrier
Get Legal Help After a Truck Accident
If you were injured in a truck accident, it is crucial that you seek legal help with your claim. Our legal team at Greg Monforton & Partners will work diligently to uncover key evidence in your case and help hold the truck driver and/or trucking company responsible for any violation of the law. Contact us today to schedule a free case evaluation and learn more about your legal options for recovering compensation for the damages you sustained.
Call (866) 320-4770 now for our free consultation.