Key Takeaways
- The Federal Rules: Truckers cannot drive more than 11 hours after 10 consecutive hours off duty, and must take a 30-minute break after 8 hours of driving.
- ELDs Don't Lie: Electronic Logging Devices record driving time automatically. This data is critical evidence in truck wreck cases.
- Carrier Liability: Trucking companies that pressure drivers to exceed hours limits can be held directly responsible for crashes.
A fully loaded 18-wheeler weighs up to 80,000 pounds. At highway speeds, a fatigued driver behind the wheel is a disaster waiting to happen. Federal regulators know this—which is why Hours of Service rules exist.
When trucking companies ignore these rules to meet delivery deadlines, people die. And the evidence often proves exactly what happened.
What Are Hours of Service (HOS) Rules?
The Federal Motor Carrier Safety Administration (FMCSA) sets mandatory limits on how long commercial truck drivers can operate before they must rest. These aren't suggestions—they're federal law.
The core rules for property-carrying drivers include:
- 11-Hour Driving Limit: A driver may drive a maximum of 11 hours after 10 consecutive hours off duty.
- 14-Hour Duty Window: Driving is prohibited after the 14th consecutive hour after coming on duty, regardless of breaks taken.
- 30-Minute Break Requirement: Drivers must take at least a 30-minute break after 8 cumulative hours of driving.
- 60/70-Hour Limit: Drivers cannot drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period with 34 or more consecutive hours off duty.
Why these rules matter: Fatigue impairs reaction time, judgment, and attention as severely as alcohol. A driver who has been awake for 18 hours performs like someone with a blood alcohol content of 0.05%.
How Electronic Logging Devices Changed Everything
Before December 2017, many truckers kept paper logbooks—easily falsified, nearly impossible to verify. The industry called them "comic books" because the entries were often fiction.
Now, the ELD Mandate requires most commercial motor vehicles to use Electronic Logging Devices that automatically record:
- Engine hours
- Vehicle movement
- Miles driven
- Location data (GPS)
- Driver identification
This data syncs with the engine's computer, making it extremely difficult to falsify. When a crash happens, the ELD records provide a precise timeline of the driver's hours before impact.
Common HOS Violations We See in Crash Cases
Exceeding the 11-Hour Driving Limit
The most straightforward violation. Driver logs show more than 11 hours of driving time before the crash.
Falsified Logs (Even With ELDs)
Some drivers use a second phone or switch to "off-duty" status while still driving. Electronic records, GPS data, and fuel receipts can expose these schemes.
Insufficient 10-Hour Rest Periods
Cutting rest periods short to get back on the road faster. The ELD timestamps show exactly when the driver logged off and on.
Skipping 30-Minute Breaks
Under pressure to make deliveries, drivers skip mandatory breaks. The continuous driving record proves the violation.
Exceeding the 14-Hour Duty Window
Even if a driver takes multiple breaks, they cannot drive past hour 14 of their duty period. Dispatchers sometimes pressure drivers to "push through" to make appointments.
How HOS Violations Prove Negligence
In a truck accident lawsuit, proving the trucking company's negligence often comes down to one question: Did they follow the safety rules, or did they cut corners?
HOS violations are powerful evidence because they show:
The driver was fatigued. A driver who exceeded hours limits was operating while impaired by fatigue—a known danger.
The carrier knew or should have known. Trucking companies have access to ELD data. If management saw violations and did nothing, they're complicit.
The violation caused the crash. Fatigue causes slower reactions, lane drift, failure to brake, and falling asleep at the wheel—exactly the behaviors that lead to catastrophic wrecks.
Pattern evidence. If the carrier has a history of HOS violations across its fleet, that shows a culture of disregarding safety for profit.
Carrier Pressure: When the Company Is Really at Fault
Truck drivers often face enormous pressure from dispatchers and fleet managers to meet impossible delivery windows. This pressure leads to:
- Unrealistic schedules that mathematically cannot be met without violating HOS rules
- Pay structures that incentivize speed over safety
- Explicit instructions to falsify logs or ignore rest requirements
- Retaliation threats against drivers who refuse to break the rules
When we investigate truck crashes, we don't just look at the driver—we look at the entire operation. Dispatch logs, text messages, and company policies often reveal the real cause of the wreck.
Preserving the Evidence: Why Speed Matters
Electronic logging data, GPS records, and dispatch communications can be overwritten, deleted, or "lost" within days of a crash. Trucking companies have legal departments that spring into action immediately after a serious accident.
That's why we send spoliation letters the moment we're retained—formal legal notices demanding that the carrier preserve all evidence related to the crash. This includes:
- ELD and GPS data for the vehicle and driver
- Driver qualification files
- Maintenance records
- Dispatch logs and communications
- Safety and compliance history
If evidence is destroyed after receiving this notice, the consequences in court are severe.
Frequently Asked Questions
How do I know if HOS violations caused my crash?
You likely can't know without an investigation. ELD data and driver logs are not public. An attorney can subpoena these records during litigation or demand them in a pre-suit investigation.
Can I still have a case if the trucker wasn't cited for HOS violations?
Absolutely. Police at the scene rarely conduct a full HOS audit. Violations are typically discovered later through legal discovery.
What if the trucking company says the driver was an independent contractor?
Carriers often try to distance themselves from liability this way. However, federal regulations still apply, and there are legal theories (vicarious liability, negligent hiring) that can hold the carrier accountable.
How much compensation can I recover?
Trucking cases often involve catastrophic injuries and significant damages including medical bills, lost income, pain and suffering, and sometimes punitive damages when the violations were egregious.
Should I talk to the trucking company's insurance adjuster?
No. Anything you say can be used against you. Let your attorney handle all communications with the carrier and its insurers.
Trucking companies that push drivers beyond safe limits choose profits over lives. When that choice causes a wreck, we make them answer for it.
At Addison Law, we handle complex trucking accident cases that demand technical knowledge of federal regulations and aggressive preservation of evidence. Our trial attorneys know how to prove Hours of Service violations and hold carriers accountable. If you or a loved one was hurt by a fatigued trucker, contact us immediately.
Need Strategic Counsel?
Navigating complex legal landscapes requires more than just knowledge; it requires strategic foresight. Contact Addison Law Firm today.
This article is for general information only and is not legal advice.
Need Strategic Counsel?
Navigating complex legal landscapes requires more than just knowledge; it requires strategic foresight. Contact Addison Law Firm today.
*This article is for general information only and is not legal advice.*