Fatigue is one of the leading causes of commercial truck accidents. A drowsy truck driver operating an 80,000-pound vehicle is a lethal hazard on the road. The Federal Motor Carrier Safety Administration has established Hours of Service regulations to address this danger, yet violations remain disturbingly common.

Understanding Hours of Service Regulations

The current HOS rules for property-carrying drivers include:

  • 14-Hour Driving Window: No driving beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.
  • 11-Hour Driving Limit: Within the 14-hour window, a maximum of 11 hours of driving.
  • 30-Minute Break: Required after 8 cumulative hours of driving without a 30-minute interruption.
  • 60/70-Hour Limit: No driving after 60 hours on duty in 7 days, or 70 hours in 8 days.
  • Restart Provision: A 7- or 8-day period can restart after 34 or more consecutive hours off duty.

Electronic Logging Devices

Since December 2017, most commercial vehicles must be equipped with electronic logging devices (ELDs) that automatically record driving time. Before ELDs, paper logbooks were so commonly falsified they were called "comic books" within the industry. While ELDs have improved compliance, some drivers still disconnect or tamper with devices, and some companies turn a blind eye to violations.

How HOS Violations Cause Accidents

The NTSB has identified fatigue as a contributing factor in approximately 30 to 40 percent of large truck crashes. Effects of fatigue include:

  • Slower reaction times
  • Impaired judgment and decision-making
  • Reduced ability to maintain lane position
  • Microsleep episodes lasting seconds without the driver realizing
  • Tunnel vision and reduced peripheral awareness
  • Increased irritability and risk-taking

Studies show that being awake for 18 hours produces impairment equivalent to a blood alcohol concentration of 0.05 percent, and 24 hours equals approximately 0.10 percent, exceeding the legal limit for drunk driving.

Proving HOS Violations

An experienced attorney can investigate potential HOS violations by:

  • Obtaining and analyzing ELD data showing exactly when the truck was in motion
  • Reviewing paper logs for inconsistencies
  • Comparing ELD data with fuel receipts, toll records, and GPS data
  • Examining dispatch records for evidence of pressure to meet unrealistic schedules
  • Interviewing the driver and company personnel
  • Consulting trucking industry experts

Holding the Trucking Company Accountable

While the driver bears direct responsibility, the trucking company often shares significant liability. Motor carriers must monitor HOS compliance and take corrective action when violations are identified. When a company fails to enforce compliance or encourages violations, they can be held liable for negligent supervision.

At Dr. Ted Injury Law, we have the experience and resources to take on the largest trucking companies. Contact us at (800) 555-HURT for a free consultation.