Hawaii Truck Accident Lawyer - find an attorney for Hawaii semi truck accident cases.
HAWAII TRUCKING LAW
See below for Hawaii Trucking Law.
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BOOK: Well, it’s a reference guide that helps attorneys litigate, and helps injured victims understand serious negligence cases or injury accident cases involving Hawaii tractor trailers, or semi trucks.
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RESEARCH: Attorney Jason Waechter has developed expertise in litigating serious injury and death accidents involving Hawaii tractor trailers (semi trucks) and other commercial vehicles. We have extensively researched, worked with, and associated with the finest trucking injury attorneys across the country, in Hawaii and in every state nationwide. Our network of specializing attorneys has a proven winning record in Hawaii.
BEST TRUCKING LAWYERS
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Call us immediately for free advice and a free assessment of your Hawaii tractor trailer (semi truck) or commercial vehicle causing serious injury or death case. If the Law Offices of Jason A. Waechter do not personally handle your case, we will associate with or refer you to a proven specialist in the state the accident took place, all with the same no win, no fee promise. Just because two law firms are involved never means you pay more than the typical contingency fee. (To state this another way, you may get two firms for the same fees as one and there are no fees unless we collect money for you.)
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NATIONAL TRUCKING LAW
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The following law may apply to A Hawaii tractor trailer, or semi truck, accident or other commercial vehicle accident. The Federal Motor Carrier Safety Regulations (FMCSR) are the rules that govern semi trucks on our highways, and have been adopted by the state of Hawaii. They include rules drivers, their employers, and owners of trucks must follow.
The Federal Motor Carrier Safety Regulations that most certainly apply to any injury or death involving the negligence of a truck driver or a driver of a tractor trailer (semi trucks) or perhaps other commercial vehicles can be found at: www.fmcsa.dot.gov. The federal law in its entirety can be found in Title 49 of the Federal Code.
HAWAII TRUCKING LAW
Hawaii tractor trailer, or semi truck accident law may be a little different than the federal law. Some of the highlights are listed below.
1. Hawaii Trucking Law that governs Hawaii semi truck accidents can be found at the following links:
Hawaii Semi Truck Laws
2. HAWAII SEMI TRUCK DRIVER QUALIFICATIONS:
Both Federal and Hawaii state safety regulations require that Hawaii drivers of semi trucks (tractor trailers) meet certain qualifications. Each Hawaii driver employed by a motor carrier (the trucking company) is required to have a “driver qualification file”. This file includes the driver’s application for employment, an inquiry to previous employers for the past three years employment history, an inquiry to state agencies for the past three years for a driving record, an inquiry to state agencies annually for driving records, an annual account of the driver’s certification of violations, a certificate or equivalent for the driver’s road test, and a medical examiner’s certificate which must be renewed every two years. Other requirements that must be met include:
a. Age:
i. Interstate Travel: (traveling within 2 or more states). The required age of A Hawaii tractor trailer (semi truck) driver is at least 21 years old. (49 CFR § 391.11(b)(1))
ii. Intrastate Travel: (within a single state). The required age of A Hawaii driver is at least 21 years old. (49 CFR § 391.11(b)(1))
b. Language:
i. English: Hawaii semi truck drivers must be able to speak, understand, and converse in the English language.
ii. Hawaii tractor trailer (semi truck) drivers must understand traffic signs.
iii. Hawaii semi truck drivers must be able to make records and reports in English. (49 CFR 391.11(b)(2))
c. Operation of Hawaii Motor Carrier (Employer):
i. Experience or training qualifies Hawaii tractor trailer (semi truck) drivers to safely operate A Hawaii semi truck (tractor trailer) or Hawaii commercial vehicle. (49 CFR § 391.13)
ii. Hawaii semi truck drivers must have the physical capability to operate motor carrier. (49 CFR § 391.41)
iii. Hawaii tractor trailer (semi truck) drivers are required to reduce speed and to take into consideration bad weather conditions. A Hawaii semi truck driver must reduce speeds for snow, ice, fog, rain, smoke, dust, or other conditions that affect visibility or traction adversely. Certain conditions make it a requirement for the Hawaii driver to stop their vehicle all together. (49 CFR § 392.14)
d. Valid Hawaii License:
i. Hawaii semi truck drivers must possess a currently valid C.D.L. (Commercial Driver’s License)
ii. The valid C.D.L. is issued by Hawaii (49 CFR § 383.23(a)(2))
iii. The semi truck driver has successfully completed Hawaii road test (49 CFR § 383.23(a))
e. Hawaii Certifications:
i. Has any and all certifications required by Hawaii employer / Hawaii motor carrier (49 CFR § 391.27(c))
ii. Is not disqualified to operate A Hawaii semi truck / Hawaii motor carrier (49 CFR § 391.15)
f. Hawaii Driver Responsibility:
i. Hours of Service
i. 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:
(1) More than 11 cumulative hours following 10 consecutive hours off duty; or
(2) For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of Sec. 395.1(o).
(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 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) Any period of 7 consecutive days may end with the beginning of any off duty period of 34 or more consecutive hours; or
(2) Any period of 8 consecutive days may end with the beginning of any off duty period of 34 or more consecutive hours. (49 CFR § 395.3)
ii. The reason for these hour restrictions is to prevent driver fatigue. It has been a proven fact that driver fatigue often is a cause of interstate trucking accidents. The trucking carrier and the driver are both responsible for this type of Hours-of-Service (HOS) violation.
g. Truck Driver Logs
i. A Hawaii tractor trailer (semi truck) driver is required to keep certain specific logs to prove that he or she has not violated these Hours-of-Service rules. The Hawaii employer or motor carrier is required to inspect the drivers’ logs to confirm compliance with these regulations. (49 CFR § 395.8)
ii. Driver Logs: 49 CFR § 395.8 involve A Hawaii tractor trailer (semi truck) driver making a record of his duty status. A Hawaii driver must keep a log of his or her status for every 24 hour period. Pursuant to Section 395.8 of the Federal Motor Carrier Safety Regulations, the log is usually in written form and on a grid.
iii. Because of technology, the Hawaii semi truck driver log is often kept by an on-board recording device. The log indicates when the Hawaii driver is on and off duty and whether they are driving or in the “sleeper birth”, which is usually designated as “SB”. The Hawaii motor carrier is responsible if the tractor trailer (semi truck) driver submits a false log. (49 CFR § 395.15)
1. There are sometimes investigations regarding whether A Hawaii driver keeps two sets of logs or books, so that he or she could drive longer than they are allowed to drive by Hawaii law.
iv. The following is an example of an Hours-of-Service truck driver log with no driving violations recorded:
v. A Hawaii motor carrier (the trucking company) is responsible and required to fashion or schedule their Hawaii truck driver’s runs and routes in a way that would allow Hawaii drivers to complete them without violating any speed limits or Hours-of-Service violations.
vi. Hawaii tractor trailer (semi truck) drivers must follow posted speed limits. Trucks, often times, must follow a lower speed limit that drivers of cars.
h. Alcohol and Controlled Substances
i. Alcohol and drivers of Hawaii tractor trailers (semi trucks): A trucker cannot have any alcohol in his or her system at all while driving a tractor trailer (semi truck). This, of course, includes driving, but also when Hawaii drivers are merely “on duty”, which would include even if they were not driving, but where they are in physical control of the truck. (49 CFR § 382.201)
ii. Alcohol is not tolerated whatsoever, which is different from drivers of cars, certain vans, and motorcycles that have alcohol in their system up to certain limits, and still may be able to legally drive. The rules involving Hawaii truck drivers are extremely strict. (49 CFR § 382.205)
iii. No driver shall report for duty or remain on duty when it requires the performance of safety functions, when the driver has used any controlled substance. (49 CFR § 382.213)
i. Truck Equipment & Repair
i. A driver of A Hawaii tractor trailer (semi truck) must make sure that his or her truck (trailer, or cab) and its equipment are in good working order at all times. (49 CFR § 396.3(a)(1))
iii. This section of the Federal Motor Carrier Safety Regulations includes brakes to the tractor, brakes to the trailer, parking brakes, steering devices, lighting devices, tires, horn, windshield wipers, rear vision mirrors, and coupling devices (a coupling device is analog shift register, that transports analog signals or electric charges).
1. STUDIES SHOW THAT BRAKE FAILURE/DEFECTS ARE A MAJOR CAUSE IN A HIGH PERCENTAGE OF CRASHES: The National Highway Traffic Safety Administration (NHTSA) found that in 2004 there were over 400,000 big trucks that were involved in traffic crashes in the U.S. This study found that 5,190 people died and 116,000 were injured in those crashes. In 2004, one out of eight traffic fatalities in were a result from a collision involving a large truck.
2. It is important for regulations to be followed so that violations do not result in A Hawaii semi truck accident. Many violations exist and will result in an accident if not inspected regularly.
iv. The Hawaii tractor trailer (semi truck) driver is responsible to make sure even their emergency medical equipment is in working order and legal at all times. The truck driver has a duty to inspect it and use it. (49 CFR § 393.95)
v. A Hawaii semi truck driver must make sure that emergency equipment is in place and ready to be used at any time. (49 CFR § 393.95)
j. Disqualifications of Driver:
i. Hawaii motor carriers, or employers or semi truck drivers, do not have the authority to disqualify a semi truck driver. Disqualifying offenses are listed in the Federal Motor Carrier Safety Regulations. (49 CFR § 391.15)
ii. Some disqualifying offenses of Hawaii semi truck drivers include (but are not limited to):
1. Driving with a revoked or suspended license
2. Driving while under the influence of alcohol or drugs
3. Leaving an accident scene that involves a commercial motor vehicle (semi truck)
4. Committing a felony with the use of a commercial motor vehicle (semi truck)
5. Speeding, or Reckless Driving
6. Improper and/or erratic traffic lane changes
7. Following another vehicle too closely when driving the semi truck
8. Railroad crossing violations when driving the semi truck
k. Law: 49 C.F.R. (Click the following link to be taken to the law in its entirety: Title 49 Law)
3. The National Network (or National Truck Network) is a network of approved state highways and interstates for semi truck (tractor trailer) drivers in the United States. The following Routes are acceptable for Hawaii semi truck drivers:
Route From To
HI 61 HI 98 (Vineyard Boulevard) Kawainui Bridge Kailua
HI 63 HI 92 (Nimitz Hwy.) HI 83 (Kahekili Hwy.)
HI 64 Sand Island Park HI 92 (Nimitz Hwy.)
HI 72 61 Kailua/Waimanalo Junction Ainakoa
HI 78 H-1 Middle St HI 99 (Kamehameha Hwy.) Aiea
HI 83 HI 99 Weed Junction HI 61 (Kalanianaole Hwy
HI 92 Pearl Harbor/Main Gate Kalakaua Avenue
HI 93 Beginning of H-1 Makaha Bridge
HI 95 H-1 Barbers Point Harbor
HI 99 Pearl Harbor Int. HI 83 Weed Junction
4. FALLEN CARGO: Many Hawaii semi truck accidents occur because cargo has fallen from the Hawaii truck’s trailer and injured another Hawaii motorist. Often when Hawaii semi truck accidents occur because of fallen cargo it is a result of the Hawaii driver not securing the cargo properly. There are certain rules that Hawaii semi truck drivers must follow when securing cargo.
5. LAW: Hawaii adopts “The Federal Motor Carrier Safety Regulations”, which is Title 49 of the Federal Code, with some modifications for the state of Hawaii.
6. HAWAII IS AN NO-FAULT STATE.
i. Hawaii is a No-Fault state:
(a) The purpose of this article is to:
(1) Create a system of reparations for accidental harm and loss arising from motor vehicle accidents;
(2) Compensate these damages without regard to fault; and
(3) Limit tort liability for these accidents.
(b) To effectuate this system of motor vehicle insurance and to encourage participation by all drivers in the motor vehicle insurance system:
(1) Those uninsured drivers who try to obtain the privilege of driving a motor vehicle without the concomitant responsibility of an ability to compensate adequately those who are injured as a result of a motor vehicle accident are to be dealt with more severely in the criminal or civil areas than those who obtain the legally required motor vehicle insurance coverage;
(2) Those persons truly economically unable to afford insurance are provided for under the public assistance provisions of this article. (HRS § 431:10C-102)
ii. Hawaii Benefits Under No-Fault Law:
1. Medical Expenses
2. Loss of Income
3. Replacement Services
4. Funeral Expenses
5. Survivor’s Benefits
iii. Hawaii has No-Fault limits of $10,000 per person.
(c) Personal injury protection benefits shall be subject to an aggregate limit of $10,000 per person for services provided under this section. An insurer may offer additional coverage in excess of the $10,000 aggregate limit for services provided under this section, or as provided by rule of the commissioner. (HRS § 431:10C-103.5)
iv. Threshold Injury: To sue for non-economic damages resulting from your Hawaii semi truck accident, you must meet a threshold injury requirement. One of the following requirements must be met to seek non-economic damages resulting from your Hawaii semi truck crash.
1. Death
2. Significant permanent loss of use of a part of function of the body
3. Permanent serious disfigurement
4. Resulting from above injuries, subjection to mental or emotional suffering
5. As a result of injury from motor vehicle-related crash, PIP benefits equal or exceed $5,000
v. Abolition of tort liability.
(a) Except as provided in subsection (b), this article abolishes tort liability of the following persons with respect to accidental harm arising from motor vehicle accidents occurring in this State:
(1) Owner, operator, or user of an insured motor vehicle; or
(2) Operator or user of an uninsured motor vehicle who operates or uses such vehicle without reason to believe it to be an uninsured motor vehicle.
(b) Tort liability is not abolished as to the following persons, their personal representatives, or their legal guardians in the following circumstances:
(1) Death occurs to the person in such a motor vehicle accident;
(2) Injury occurs to the person which consists, in whole or in part, in a significant permanent loss of use of a part or function of the body;
(3) Injury occurs to the person which consists of a permanent and serious disfigurement which results in subjection of the injured person to mental or emotional suffering; or
(4) Injury occurs to the person in a motor vehicle accident and as a result of such injury that the personal injury protection benefits incurred by such person equal or exceed $5,000; (HRS § 431:10C-306)
vi. Statute of Limitations: 2 years
1. If you wish to commence a suit to recover damages for injuries resulting from your Hawaii semi truck crash, you must do so within 2 years from the date of your Hawaii semi truck accident. (HRS § 657-7)
1. IF YOUR WERE INVOLVED IN A HAWAII SEMI TRUCK ACCIDENT, YOU MAY BE INTERESTED IN THESE HAWAII TRUCKING WEBSITE LINKS:
a. Hawaii Department of Transportation
www.state.hi.us/dot/
b. The City and County of Honolulu Services: Motor Vehicle Information
www.honolulu.gov/csd/vehicle/mvehicle.htm
c. Hawaii Public Utilities Commission
dms.puc.hawaii.gov/dms/
d. Honolulu Police Department
www.honolulupd.org/
e. Hawaii Department of Public Safety
hawaii.gov/psd
f. Commercial Vehicle Safety Alliance
www.cvsa.org/
g. American Trucking Associates
www.truckline.com/
h. Truck Safety Coalition
www.trucksafety.org/
2. CALL ATTORNEY JASON WAECHTER OF www.TruckAccidentLawyers-USA.com. Our associating attorneys in Hawaii and each state specialize in handling injury accidents involving semi trucks, or tractor trailers. Call Jason Waechter NOW for free advice. Often, time is of the essence and quick, thorough investigation makes the difference in these specialized cases. Call and speak to Attorney Jason Waechter personally NOW! 1-800-708-5433.
3. The federal regulations that governs semi truck, or tractor trailer, accidents is “The Federal Motor Carrier Safety Regulations”, which can be found at the website:
www.fmcsa.dot.gov
Our trucking law office handles or can handle cases in the following Hawaii cities:
A
Aiea Hawaii Semi Truck Accident, Anahola Hawaii Semi Truck Accident
C
Camp Smith Hawaii Semi Truck Accident, Captain Cook Hawaii Semi Truck Accident
E
Eleele Hawaii Semi Truck Accident, Ewa Beach Hawaii Semi Truck Accident
H
Haiku Hawaii Semi Truck Accident, Hakalau Hawaii Semi Truck Accident, Haleiwa Hawaii Semi Truck Accident, Hana Hawaii Semi Truck Accident, Hanalei Hawaii Semi Truck Accident, Hanamaulu Hawaii Semi Truck Accident, Hanapepe Hawaii Semi Truck Accident, Hauula Hawaii Semi Truck Accident, Hawi Hawaii Semi Truck Accident, Hickam AFB Hawaii Semi Truck Accident, Hilo Hawaii Semi Truck Accident, Holualoa Hawaii Semi Truck Accident, Honaunau Hawaii Semi Truck Accident, Honokaa Hawaii Semi Truck Accident, Honolulu Hawaii Semi Truck Accident, Honolulu USCG Hawaii Semi Truck Accident, Honomu Hawaii Semi Truck Accident, Hoolehua Hawaii Semi Truck Accident
K
Kaaawa Hawaii Semi Truck Accident, Kahoolawe Hawaii Semi Truck Accident, Kahuku Hawaii Semi Truck Accident, Kahului Hawaii Semi Truck Accident, Kailua Hawaii Semi Truck Accident, Kailua-Kona Hawaii Semi Truck Accident, Kalaheo Hawaii Semi Truck Accident, Kalaupapa Hawaii Semi Truck Accident, Kamuela Hawaii Semi Truck Accident, Kaneohe Hawaii Semi Truck Accident, Kapaa Hawaii Semi Truck Accident, Kapaau Hawaii Semi Truck Accident, Kapolei Hawaii Semi Truck Accident, Kauai Hawaii Semi Truck Accident, Kaumakani Hawaii Semi Truck Accident, Kaunakakai Hawaii Semi Truck Accident, Kawaihae Hawaii Semi Truck Accident, Keaau Hawaii Semi Truck Accident, Kealakekua Hawaii Semi Truck Accident, Kealia Hawaii Semi Truck Accident, Keauhou Hawaii Semi Truck Accident, Kekaha Hawaii Semi Truck Accident, Kihei Hawaii Semi Truck Accident, Kilauea Hawaii Semi Truck Accident, Koloa Hawaii Semi Truck Accident, Kona-Kohala Hawaii Semi Truck Accident, Kualapuu Hawaii Semi Truck Accident, Kula Hawaii Semi Truck Accident, Kunia Hawaii Semi Truck Accident, Kurtistown Hawaii Semi Truck Accident
L
Lahaina Hawaii Semi Truck Accident, Laie Hawaii Semi Truck Accident, Lanai City Hawaii Semi Truck Accident, Laupahoehoe Hawaii Semi Truck Accident, Lawai Hawaii Semi Truck Accident, Lihue Hawaii Semi Truck Accident
M
Makawao Hawaii Semi Truck Accident, Makaweli Hawaii Semi Truck Accident, Maui Hawaii Semi Truck Accident, Maunaloa Hawaii Semi Truck Accident, Mililani Hawaii Semi Truck Accident, Molokai Hawaii Semi Truck Accident, Mountain View Hawaii Semi Truck Accident
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Naalehu Hawaii Semi Truck Accident, Ninole Hawaii Semi Truck Accident
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Oahu Hawaii Semi Truck Accident, Ocean View Hawaii Semi Truck Accident, Ookala Hawaii Semi Truck Accident
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Paauhau Hawaii Semi Truck Accident, Paauilo Hawaii Semi Truck Accident, Pahala Hawaii Semi Truck Accident, Pahoa Hawaii Semi Truck Accident, Paia Hawaii Semi Truck Accident, Papaaloa Hawaii Semi Truck Accident, Papaikou Hawaii Semi Truck Accident, Pearl City Hawaii Semi Truck Accident, Pearl Harbor NS Hawaii Semi Truck Accident, Pepeekeo Hawaii Semi Truck Accident, Poipu Hawaii Semi Truck Accident, Princeville Hawaii Semi Truck Accident, Pukalani Hawaii Semi Truck Accident, Puunene Hawaii Semi Truck Accident
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Volcano Village Hawaii Semi Truck Accident
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Wahiawa Hawaii Semi Truck Accident, Waialua Hawaii Semi Truck Accident, Waianae Hawaii Semi Truck Accident, Waikoloa Hawaii Semi Truck Accident, Wailuku Hawaii Semi Truck Accident, Waimanalo Hawaii Semi Truck Accident, Waimea Hawaii Semi Truck Accident, Waipahu Hawaii Semi Truck Accident, Wake Island Hawaii Semi Truck Accident
*There are many exceptions to Hawaii semi truck accident law and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your Hawaii semi truck injury.
*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.
***Law portion of site in progress. Hawaii trucking law regarding Hawaii semi truck accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.
Hawaii Truck Accident Lawyers helping truck accident victims. If you were injured in a truck accident, you need to speak with a qualified trial attorney, one who knows truck law. We can help you find the right law firm to represent you.
