New Orleans City Council
Seal of the Supreme Court of the United States
Seal of Louisiana
Louisiana Supreme Court
Legal Analyst for WGNO abc
Martindale-Hubbell AV Preeminent

Louisiana Truck Accident Attorney

Truck Safety: Federal Hours of Service Regulation

The Federal Motor Carrier Safety Administration (FMCSA) is the government body in charge of regulating commercial motor vehicles (CMV), which include tractor trailers. Among the thousands of regulations that apply to CMV are hours-of-service regulations (HOS), which place limits on when and how long drivers of CMV are allowed to drive. The FMCSA bases these regulations on scientific data that determines the amount of rest a truck driver should have to safely operate their vehicle. They work in conjunction with the Transportation Research Board of the National Academies and the National Institute for Occupational Safety. The goal of HOS regulations is to protect drivers and motorists from truck accidents that result from fatigue.

To ensure compliance with the HOS regulations many commercial vehicles and 18 wheelers are required to have Electronic Logging Devices installed to assist investigating officers determine the hours of operation of any given vehicle. These devices are triggered when the engine is running. They can log how far it has traveled, when it’s in motion, how far it has been driven consecutively and how long the truck was in operation mode. The stored information can be retrieved and used to learn if the driver has complied with the HOS regulations.

Drug and Alcohol Testing: After an accident in which an injury is reported or the commercial driver got a ticket he must submit to alcohol and drug testing to determine if he was under the influence of any substance that may have been a factor in causing the accident. The alcohol test must be given by the employer or his designate within 8 hours of the incident. A drug test must be administered within 32 hours of the incident.

There are weight and size restrictions as well as regulations for CMV carrying hazardous material. The facts of a particular accident will govern which of these regulations apply to the given situation. An experienced attorney will be able to navigate through these provisions to uncover which, if any, are applicable.

Many tractor trailer accidents are quite routine and are handled by our Firm daily. However, some are not as run of the mill as a mere illegal lane change or rear end collision. For example, the I-55 massive pileup near Manchac, Louisiana in October 2023 due to a so-called “super-fog” caused by a mix of smoke and fog. This series of collisions involved over 170 vehicles resulting in 8 deaths and counting. Because of the atmospheric conditions and very poor visibility many of the drivers involved were driving at excessive rates of speed, following too closely to the vehicle in front of them and failing to remain vigilant.

Many of the tractor trailers involved were carrying Hazardous Material, which undoubtedly was a contributing factor as to the severity of this catastrophic event. It will take years to determine who are the blameworthy individuals in causing these series of wrecks. Litigation will obviously become necessary to sort out the facts. Some of the CMV drivers may not have complied with the HOS regulations contributing to the cause of these incidents, others may not have had the proper licensing to carry the loads they were carrying and still others may have been carrying weight that far exceed the capacity restrictions. All these factors may take litigation to uncover what truly happened that fateful day.

We, at the Cardone Law Firm, have handled massive pileup litigation in our years of experience managing fog related cases in southern Louisiana. Sadly, fog is a common occurrence in our part of the State. We have years of litigating such cases.

Client Reviews
Mr. Cardone and his staff demonstrate excellence and the utmost professionalism. After a motor vehicle accident, I contacted Mr. Cardone after receiving recommendations to do so. We are extremely pleased with his knowledge, service, and accessibility. I would not hesitate to hire Mr. Cardone again and I give him my highest recommendation for anyone else seeking an attorney. J.E.
Mr. Cardone is an experienced, knowledgeable attorney who advocates for the best interests of his clients. He is reputable, experienced, reliable, and available. He understands people and their issues. He knows the law and is a great trial lawyer and is well respected in the legal community. He also has a great support staff and I highly recommend him to anyone who needs or wants an experienced and caring attorney who gets the job done. S.I.
There are no words good enough to praise Cliff Cardone. His Professionalism is 10 stars. He was available for me 7 days a week. He is way pass excellent, he is superior. Cliff is not only my attorney but a friend you can count on. He has worked 2 cases for me and I could not be more pleased with the results. I am 150 percent satisfied with the highest recommendation one person can give to another. He is a people person. His legal assistant, Kim also gets the highest recommendation. J.M.
I highly recommend Cliff Cardone to handle any legal issue that arises; he is always available to me when I need to get in touch with him. I trust his opinion when it comes to making decisions concerning my legal issues. His staff is always available as well and that is very important when you need to have questions answered. Whenever I have a friend or relative that needs legal advice I always recommend Cliff Cardone and they have always come back to me satisfied. C.S.
Professional, prompt, courteous, informative and friendly are words I use to describe Clifford Cardone and his staff. If you want results with a personal touch this is your attorney. R.A.