Springfield, MO 417-222-4878
Joplin, MO 417-222-4878

Should private mail delivery drivers be exempt from fatigue-preventing safety rule? P.2

In our previous post, we began speaking about a request made by an organization
representing private mail carriers for an exemption from the 14-hour limit
rule. The rule is one of so-called “hours of service” rules
under federal law which puts limits on how much time commercial motor
vehicle drivers can spend behind the wheel in any one work day or work week.

The hours of service rules are important not only as a means of ensuring
highway safety with respect to the trucking industry, but also as a means
of holding truck drivers and their employers accountable. When a trucker
fails to abide by federal driving time limits and his or her employer
fails to ensure compliance with these rules, his or her accident victims
can use this noncompliance as evidence in personal injury litigation.

Utilizing noncompliance with federal hours of service regulations is a
real possibility in personal injury litigation, but it requires that a
plaintiff do thorough work in the discovery phase of the litigation process.
This means obtaining records of any police and state or federal agency
investigations of the accident, especially investigations conducted by
the Federal Motor Carrier Safety Administration and the National Traffic
Safety Administration.

The ability to demonstrate regulatory violations may have another advantage
for personal injury plaintiffs, at least in some cases: the ability to
seek punitive damages. Although punitive damages are difficult to obtain,
egregious violations of federal safety rules may warrant such an award
in some cases.

Those who have suffered serious harm at the hands of a negligent trucker
should, of course, always work with an experienced advocate to ensure
their rights are protected and that they are able to hold any negligent
parties accountable.

Truck Accidents

NTSB reports findings on Tracy Morgan crash

Missouri readers may remember that actor-comedian Tracy Morgan was in the news quite a bit last year after a serious highway accident in New Jersey. Initial reports of the accident indicated that the truck driver who was involved in the accident had been severely fatigued at the time of the crash, and that this was likely a factor. Last month, after months of investigation, the National Transportation Safety Board officially

Car Accidents

Missouri man sentenced for son\’s death in car accident

Ninety miles east of Joplin, a Missouri man was recently sentenced to 14 years in prison. The Sparta resident pleaded guilty to charges involving the death of his three-year-old son and injuries to four other people in a car accident. The 34-year-old was behind the wheel of a Toyota when the car crossed the highway\’s center line and was hit by a Ford Explorer. A car then smashed into the

Medical Malpractice

Lifelong love ended by medical malpractice

They were teenage sweethearts who got married and raised a family. When the husband died of a heart attack 22 years after they had taken their wedding vows, he was still a young man of 40. Everyone no doubt agrees that that’s a young age at which to have a heart attack. According to a jury in a recent medical malpractice trial, the untimely death might have been averted if

Contact Us.

    Submitting the form is not necessarily establishing an attorney-client relationship