There are state and federal trucking regulations that aim to promote safety on the roads. From how long truck drivers may drive before taking a rest break to speed regulations; truck drivers in Pennsylvania must comply with particular rules while operating their large commercial vehicles. Unfortunately, however, not all truck drivers comply with existing regulations, which can ultimately lead to tractor-trailer crashes.
When truck drivers fail to comply with laws and regulations, they may receive what is known as an out-of-service violation, which will prohibit an individual from driving a commercial vehicle altogether. Depending on the nature of the violation, a truck driver may be prohibited for driving for a short period of time, or could be prohibited from driving a commercial vehicle forever.
Offenses that will lead to at least a one year out-of-service violation include convictions for driving under the influence of alcohol or controlled substance, or refusing to take an alcohol test as required by law. Additionally, causing a fatality through negligent operation of a commercial motor vehicle can lead to at least a yearlong out-of-service suspension.
Violations that can result in a 60 to 120 day out-of-service suspension for a truck driver include driving recklessly, making erratic or improper lane changes, texting and driving or following another vehicle too closely.
The aforementioned actions that can result in out-of-service violations are ones that pose the risk for major truck accidents, and, consequently, serious injuries. If you have been injured by a driver you believe has exhibited negligent driving behavior and committed an out-of-service violation, or perhaps has even being driving despite the previous imposition of an out-of-service violation, you may have a cause of action and be able to recover compensation. An attorney can offer guidance regarding your legal options.
Source: protectmycdl.com, "Out-Of-Service Violations for Truckers," accessed Sept. 23, 2016