FMCFR Part 395.3

(a) Except as otherwise provided in §395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, unless the driver complies with the following requirements:(1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty;(2) 14-hour period. A driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. The driver may not drive after the end of the 14-consecutive-hour period without first taking 10 consecutive hours off duty.(3) Driving time and rest breaks. (i) Driving time. A driver may drive a total of 11 hours during the 14-hour period specified in paragraph (a)(2) of this section.(ii) Rest breaks. After June 30, 2013, driving is not permitted if more than 8 hours have passed since the end of the driver’s last off-duty or sleeper-berth period of at least 30 minutes.(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, for any period after—(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.(c)(1) Through June 30, 2013, any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. After June 30, 2013, any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.(2) Through June 30, 2013, any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. After June 30, 2013, any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.(d) After June 30, 2013, a driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.

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Semi Tractor-Trailer crashes

Did you know the odds of being involved in a crash is three times greater when the driver is reaching for an object than when the driver is not reaching for an object. Did you know that the odds of being involved in an accident is six times greater while the driver is dialing a cell phone than when the driver is not dialing a cell phone. These increases in risk are primarily attributable to the driver’s eyes being off the forward roadway.

As a result of these dangers the Federal Motor Carrier Safety Administration (FMCSA) believe it is in the best interest of public safety to restrict a CMV driver’s use of such devices. To this end Rules are being past restricting the use of cell phones, for both calls and texting, by drivers of Commercial Motor Vehicles.

If you, or a loved one, are injured as a result of a semi tractor-trailer accident, it is important to find out whether the driver of the truck was using a cell phone at the time of the crash.  If so, it is likely that the crash was caused, in part by that phone usage.

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In passenger cars the minimum financial responsibility is met by purchasing Liability insurance limits of no less than $25,000.00.  In Semi Tractor-trailer crashes the injuries and harms are likely to be much greater.  This is simple physics, the heavier the vehicle involved in the crash, the more likely the damages are to be severe.  That is why the Federal Motor Carrier Safety Regulations require greater financial responsibility.  The applicable provision of the rules is:

The minimum levels of financial responsibility referred to in §387.7 of this subpart are hereby prescribed as follows:

At Young and Young we know the rules which govern safety for Semi tractor-trailer operation.  Let us help you when you are injured in a semi tractor-trailer accident.

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Generally, the pedestrian or the cyclist will suffer serious personal injury, such as a brain injury, a spinal cord injury, or amputation, or even wrongful death.  A secondary effect of such a collision, as I tell my children when they see a child or other pedestrian using the road, is the guilt that will follow the driver, likely for the rest of their lives.

To avoid these collisions take a few precautions. 

In a residential area, make sure you have your vehicle under control and that you are traveling at a speed which will allow you to stop quickly, especially if you see children present. 

Treat children like a stop sign.  Children are unpredictable by nature, treating them like stop signs means that regardless of what they do, you will not hit them.

Drive with your lights on no matter the time of day.  In the daytime, your lights are an added advantage to being seen by pedestrians.  In the night your lights serve as both a beacon to the pedestrian, and allows you to see.

Do not out drive your lights.  Your lights, at night, only project so far.  In an urban area, travelling at a high rate of speed may cause your lights to be ineffective at allowing you to see far enough ahead to be able to stop or react quickly.

Never  drink and drive.  Call a cab.  Give a friend your keys.  Walk.  Just do not drink and drive.

Be careful, not only for the sake of the pedestrian and the cyclist, but for your own peace of mind.

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Indiana Accident Attorney

In Indiana we must drive in the snow for three to five months out of the year.  Driving in the snow does not reduce the amount of care a driver must use in order to drive safely.  We are all bound to use reasonable care when driving.  This means that in snow, we must drive a little slower, give ourselves more time to get where we are going and put a little more distance between ourselves and the driver in front of us.  We must use care to remove the ice and snow from our windows, so that our vision is not  blocked.  We must remover accumulations of snow and ice from around our head lights and brake lights to increase our visibility and increase the chances of being seen by other drivers.  We must ensure that our tires have a good tread to give us as much traction as we can get on the snow.  We must slow down farther away from stoplights and stop signs so that we do not slide into the intersection.  We must make sure we have sufficient wiper fluid in the reservoir so that when the salt collects on our wind shield we can effectively wipe it away.

As always, we must not drink and drive.  Drunk driving collisions are more frequent in the snow because the drunk driver has even less control and reaction time.

Take your time, give yourself plenty of room and give the other driver a break.  If we do we can all get where we are going safe and sound.

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I advise my clients to make four lists.  The first list is a list of your health care providers with name, address, and telephone number.  As we have discussed in the past, the Social Security Administration requires documentation of your disability.  This documentation is  necessarily medical documentation.  Therefore, having your health care providers at your finger tips will make the application process easier and will increase your chances of earning a favorable decision earlier. The next list is  a list of your medications, what they are prescribed to treat and what side effects you have as a result of the medications.  Side effects from certain medications can be as disabling as the disease they are intended to treat, so be complete in listing the side effects. Third list is a list of your employers for the last 15 years with addresses, and telephone numbers. This list should include a short description of the physical requirements of your job, like how much you had to lift, how much you had to walk, sit and stand.  The final list is a list of the injuries, illnesses or diseases which you contend cause you to be disabled.

Of course there is other information you must provide, but having these lists will be of great help to you. Good Luck.

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Employees of Indiana governmental entities (like cities, towns, townships, etc) are protected by immunities not available to the common citizen. In our example, because the police officer was “enforcing a law” the governmental entity he/she works for may be entitled to immunity from liability for his negligence. The officer himself cannot be held personally liable to you because of another law which prevents such claims. There are at least 16 different immunities under the Tort Claims Act protecting governmental entities from liability for the negligent acts of its employees. If you would like to read the act it can be found at Indiana Code 34-13-3 and following.

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There is a dirty little secret about drunk driving accidents in Indiana

Now for the dirty little secret.  You probably know that bars can be held responsible for harm to a person if they serve a person alcohol who is visibly intoxicated, and that person drives off from the bar and causes serious personal injury or wrongful death.  What you don’t know is that the bars are not required to maintain insurance which will pay for your damages if the bar serves a visibly intoxicated person and that person causes a drunk driving accident.  We do not have statistics as to how many bars do and do not carry this coverage, but we do know that a substantial number of bars do not carry such insurance.  This means that the injuries you suffer at the hands of the drunk driver who was over served at a bar will fall to you and your family.  The bar continues to make money, but you can’t work, you have huge medical bills and your family suffers.  We do not think this is right. You may say, well isn’t it really the drunk drivers fault? And the answer is that the drunk driver is to blame, but, if the drunk is in the bar, and is visibly intoxicated, they must not be served and caused to become even more drunk.  We encourage all bars to car liability insurance which will cover the harms caused by this kind of negligence. We also encourage bars to properly train their employees to take seriously their obligation to identify visibly intoxicated persons, and not serve them.

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So whenever you hear anyone say your insurance rates are too high because of lawsuits, ask them where they gets their facts.  My guess is they will be able to give you no facts.  They will simply spout back what they have heard or read from untrustworthy sources.  Then think, well wouldn’t my rates be lower if the companies were not spending so much on TV advertising, sponsoring car races and bowl games?  Resist the urge to follow the crowd.  Demand proof.  Defend your mother, who I know taught you to make up for any harm you do.  If you spill the milk, clean it up.  If you break a window, fix it or pay to have it fixed.  If you do not use care in your life and it causes injury to another- Drunk driving, failing to stop at a stop sign, build a scaffold wrong, make up for the harm by demanding that your insurance company does right by the person who was hurt.  Demand the insurance company does right by the injured person’s family.

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