Maison Law can help you when you’re injured in an accident with a large truck in California. Because they’re so much heavier and larger, these trucks raise a lot of safety concerns for other drivers on the road. That’s why there are laws like California Vehicle Code § 21702, which sets limits on how long truckers and drivers of other large vehicles like buses are allowed to be behind the wheel. Still, accidents can happen and when it happens to you, our team will be there to help. Set up a free consultation today.
How Long Can Truck Drivers and Bus Drivers Stay Behind the Wheel in California?
CVC § 21702 formally sets limits on how long drivers—especially truck drivers and bus drivers—can operate their vehicle. The idea is pretty simple: fatigue can and does impact a person’s ability to drive safely. That’s true for anyone, but especially drivers of large trucks, vehicles, and buses. As it stands currently, those limits are based on what the driver is transporting:
- Passengers for pay. If a driver is transporting passengers for pay, they generally can’t drive for more than:
- 10 consecutive hours or more than 10 hours in a 15-hour period.
- After that, they need eight consecutive hours off before driving again.
- Cargo or property. Drivers that are carrying cargo or other property generally can’t drive for more than:
- 12 consecutive hours or more than 12 hours in a 15-hour period.
- They also need eight consecutive hours off before driving again.
- Other limits. The law also limits driving to:
- 10 hours in a 24-hour period for passenger transportation
- 12 hours for property transportation, subject to the law’s rest requirements and exceptions.
Of course, the reason these limits matter is because driving while fatigued is dangerous. Drivers that are fatigued usually can’t:
- Stay focused on the road for long periods.
- Keep a safe distance from other vehicles or stay in their lane.
- React as quickly to sudden changes in traffic.
- Notice problems or other vehicles in time to avoid an accident.
- Make good decisions when something unexpected happens on the road.
Obviously, fatigue is only part of the issue for truck drivers and bus drivers. But the reason this law exists in the first place is because—even under the best of circumstances—driving a large vehicle takes a lot of focus and awareness.
Is a Driver the Only One Responsible If Fatigue Causes an Accident?
You might think that legal responsibility is straightforward when drivers are pushed to their limits by the demands of the job and their fatigue causes an accident. That’s largely true, but the details still matter. A truck or bus driver is only part of the problem when fatigue becomes an issue. That can bring in other people or companies like:
- The trucking company. If the driver kept going despite being too tired to drive safely, or drove longer than the law allows, they or their employer may be responsible.
- The company that set the delivery schedules. If unrealistic deadlines pressured the driver to skip rest or keep driving, the company’s role may need to be looked at.
- The company that was supposed to stay on top of driving hours. If the company ignored driving-hour violations or failed to address signs of fatigue, it may share responsibility.
Of course, depending on what actually happened, there are others that could share some of the responsibility, too, like:
- Another driver. If another driver’s actions led to a chain of events that ended in an accident, they can also be partly responsible.
- A maintenance company. If a mechanical problem with the vehicle itself played a part in what happened, the company responsible for the truck’s upkeep may be involved.
This is the underlying issue with these types of accidents. There’s a lot of moving parts behind the scenes, and that can make it difficult to really get to the bottom of what happened. The reality is that when you’re sitting along the side of the road after the accident, you likely won’t know that fatigue was the cause of your injuries. That only comes later by looking at things like:
- Electronic logging device (ELD) records
- GPS and tracking data
- Driver records
- Maintenance and delivery schedules
- Phone and radio logs
- Witness statements
- Police reports
As you can see, figuring out whether fatigue caused a truck accident often comes down to records and information that the trucking company controls. That can make things harder, especially if the company isn’t willing to hand over what you need. But that doesn’t mean the evidence is out of reach. Our team can make sure you have what you need to go ahead with a claim.
How Maison Law Can Help You After a Fatigue-Related Truck Accident in California
When a truck accident involves fatigue on the part of the driver, there’s often more to figure out than just how it happened. You have to look at how long the driver was on the road, but also what forces were working behind the scenes. In other words, you’re going to need help.
That’s where having our California truck accident lawyers at Maison Law can really help you. When you sit down with us, we’ll be able to:
- Figure out what the underlying cause of the accident really was and who all might be responsible.
- Get driving logs, rest records, and other evidence that could help show whether fatigue played a role in what happened.
- Deal with the back-and-forth that comes with the trucking company and its insurance company
- Add up the full impact of your injuries on your health, work, and daily life.
- Help you understand your options for filing an insurance claim or lawsuit.
After a truck accident, you might think the cause is obvious, especially if the driver was tired or failed to follow the law. But it’s rarely a straight line to getting the financial support you need to get better. Our team will be there to make the process easier. Set up a free consultation today to get started.
