How Do Hours-of-Service Violations Affect My Truck Accident Case?

Commercial truck drivers are required to follow certain federal rules. If you were injured in a truck accident, you may be wondering how hours–of-service violations affect your truck accident case.

Truck accident cases can be complex, and trucking companies’ insurers often use aggressive tactics. A Los Angeles truck accident lawyer can defend your rights and help determine whether the driver who caused your accident violated federal regulations.

What Are Hours-of-Service Regulations?

Hours-of-service regulations were established by the Federal Motor Carrier Safety Administration (FMCSA) to ensure that commercial truck drivers have adequate rest and are not driving while fatigued.

These rules include limits on:

• Maximum daily driving time: Truck drivers are generally restricted to 11 hours of driving within a 14-hour workday.
• Required rest breaks: Drivers must take a 30-minute break after eight consecutive hours of driving.
• Weekly driving limits: Drivers cannot exceed 60 hours of driving in a seven-day period for companies operating every day of the week, or 70 hours over eight days if the company operates six days per week.
• Mandatory off–duty periods: Drivers must take a 10-hour off-duty break between workdays.

Common Hours-of-Service Violations

Truck drivers and trucking companies can break HOS rules in several ways. Common violations include:

• Exceeding daily driving limits: When a driver operates beyond the 11-hour driving cap, they may be too fatigued to react safely on the road.
• Skipping required rest breaks: Failing to take a 30-minute break after eight hours of driving increases the risk of drowsiness-related accidents.
• Ignoring weekly hour restrictions: Driving more than the allowed 60-70 hours per week can compound fatigue and impair judgment.
• Falsifying logbooks or ELD records: Some drivers or companies may manipulate electronic logging devices (ELDs) or paper logs to cover up violations. This can create legal issues if the falsification is discovered after an accident.

How Hours-of-Service Violations Affect Your Truck Accident Case

If a truck driver involved in your accident violated HOS rules, this information can significantly strengthen your case. Here’s how:

• Establishing negligence: Violating hours-of-service regulations is considered a breach of duty under federal law. If a driver exceeded their allowed hours, you can use this as proof that the driver acted negligently, which can be critical to your claim.
• Supporting liability against the trucking company: Trucking companies are responsible for ensuring that their drivers follow HOS regulations. If a driver violated these rules, you can hold the company partially or fully liable for the accident.
• Demonstrating a pattern of unsafe practices: Repeated HOS violations can show that the trucking company prioritizes schedules over safety, which can be used to bolster your case and even seek punitive damages.
• Strengthening insurance claims: Insurance companies are more likely to offer higher settlements when HOS violations are documented because the driver’s negligence is clearly established.

Evidence That Hours-of-Service Violations Occurred

To prove that HOS violations played a role in your truck accident, you need concrete evidence. Some key sources include:

• Electronic logging devices (ELDs): These devices automatically track a driver’s hours of service and provide reliable proof of violations.
• Driver logbooks: Though paper logs can be falsified, inconsistencies may indicate potential violations.
• Company records: Dispatch logs, fuel receipts, and delivery schedules can help establish how long a driver was on the road.
• Witness testimony: Statements from other drivers, employees, or passengers may help corroborate violations and driver fatigue.
• Accident reconstruction reports: Experts can sometimes show that the driver’s fatigue, caused by exceeding HOS limits, contributed to the accident.

The Role of Fatigue in Truck Accidents

Fatigue is a leading cause of commercial truck accidents. Drivers who violate hours-of-service regulations are more likely to experience:

• Slower reaction times
• Poor judgment
• Microsleeps (brief, uncontrollable episodes of sleep)
• Difficulty maintaining lane position or safe distances

By demonstrating that a driver was operating beyond legal hours-of-service limits, you can link their fatigue to your accident and strengthen your claim.

Steps to Take After a Truck Accident

If you were involved in a truck accident, take these steps to start building a strong claim:

1. Report the accident: Notify local law enforcement and ensure an official report is filed.
2. Seek medical attention: Visit a doctor to get evaluated and document your condition.
3. Preserve evidence: Take photos of the scene, obtain witnesses’ contact information, and keep all medical and repair records.
4. Consult a truck accident attorney: Our attorneys know how to investigate HOS violations and build a strong case.
5. Request ELD and log records: Your attorney can formally request records from the trucking company to confirm HOS violations.

Get Help From a Truck Accident Lawyer

Hours-of-service violations are often central to establishing negligence in truck accident cases. Drivers who exceed their allowed hours or skip required rest breaks pose a serious risk to others on the road.

If you were injured in a truck accident, a truck accident lawyer from J&Y Law can help ensure that all relevant evidence is identified, preserved, and used effectively in your case.

Schedule a free consultation to start putting together your claim.