Driver Fatigue and Hours-of-Service Violations in Virginia Truck Accident Claims: Legal Rights for Staunton Victims

 

Commercial truck accidents caused by driver fatigue and hours-of-service (HOS) violations represent a serious concern on Virginia's roadways, particularly along the I-81 corridor near Staunton. These accidents often result from truckers exceeding federal driving time limits or failing to take mandatory rest breaks, leading to diminished reaction times and impaired decision-making abilities. The Federal Motor Carrier Safety Administration (FMCSA) strictly regulates commercial drivers' operating hours through Electronic Logging Devices (ELDs), but violations still occur when drivers or trucking companies prioritize delivery schedules over safety. In personal injury claims stemming from these accidents, evidence of HOS violations can establish negligence and strengthen a victim's case for compensation. Additional factors often examined include the trucking company's compliance history, driver log accuracy, and whether economic pressures contributed to unsafe practices.

Legal Rights and Considerations: Under Virginia Code § 46.2-341.20, commercial drivers must comply with federal hours-of-service regulations. Victims of truck accidents in Virginia have two years from the date of the incident to file a personal injury lawsuit, per Code § 8.01-243. Claims may seek compensation for medical expenses, lost wages, pain and suffering, and property damage. Virginia follows the contributory negligence rule, meaning victims cannot recover damages if they are found partially at fault. Insurance considerations typically involve the trucking company's commercial liability policy, which must meet minimum federal requirements of $750,000 in coverage. Multiple parties may share liability, including the driver, trucking company, and potentially third-party contractors. An experienced Staunton truck crash lawyer will handle all aspects of the legal claim.

Click the links below to get information on legal claims from attorneys with experience in your type of truck crash injury including:

 

Related Resources:

  • Augusta County Circuit Court
  • Virginia State Police Commercial Vehicle Enforcement Division
  • Virginia Trucking Association Safety Programs
  • FMCSA Hours of Service Regulations Portal
  • Virginia Workers' Compensation Commission (for commercial drivers)
  • Virginia DMV Commercial Driver's License Information
  • Brain Injury Association of Virginia
  • Virginia Victim/Witness Program
  • Virginia State Bar Referral Service

Local Support Services:

  • Augusta Health Trauma Center
  • Valley Program for Aging Services
  • Augusta-Staunton-Waynesboro Office of Victim/Witness Services
  • Central Shenandoah Valley Office on Youth
  • Local Commercial Vehicle Safety Alliance Chapter

Return to the Staunton truck crash types information page

Most recent accident reports

 

In the early morning hours of Friday, December 20, 2024, a tragic single-vehicle accident in Harrisonburg claimed the life of 40-year-old Jeremy Grear and left a

Date: 
Friday, December 20, 2024
Roadway: 
Waterman Drive
Type: Car Accident