When a crash involves a commercial truck, one question quickly rises to the top: Was the driver fatigued? The federal Hours‑of‑Service (HOS) rules exist to reduce fatigue‑related crashes by limiting how long commercial drivers can drive and work without adequate rest. If those rules were broken—or if company policies encouraged drivers to cut corners—that fact can materially change liability, the value of a claim, and the types of damages that may be available.
What do the Hours‑of‑Service rules do?
HOS regulations (for most property‑carrying drivers) set limits on daily and weekly driving and require off‑duty time. The core ideas are straightforward:
- Daily caps and windows. Maximum 11 hours of driving within a 14‑hour on‑duty window after at least 10 consecutive hours off duty.
- Breaks. A 30‑minute break is required after 8 cumulative hours of driving time, satisfied by off‑duty, sleeper‑berth, or on‑duty non‑driving time.
- Weekly limits. No driving after 60 hours in 7 days (or 70 in 8 days) until the driver takes a qualifying reset (often 34 hours off duty).
- Sleeper‑berth options and short‑haul exceptions can adjust how rest is counted.
What counts as an HOS violation?
Common violations include driving past the 11‑hour limit, operating outside the 14‑hour window, skipping the 30‑minute break, or exceeding weekly limits. Other issues include:
- Falsified or manipulated logs (paper logs or electronic entries that don’t match reality.
- Misuse of “personal conveyance” status to keep moving freight
- Dispatch pressure that effectively compels drivers to break the rules
Any of these can be relevant in determining negligence, especially if fatigue played a role in perception, reaction, or lane‑keeping.
Why do violations matter legally?
Evidence of negligence
Breaking a safety regulation can be compelling evidence of negligence. In some jurisdictions, violation of a safety statute or regulation is negligence per se, making breach easier to prove. Even where it’s not automatic, a violation strongly supports the argument that the driver (and often the motor carrier) failed to use reasonable care.
Causation and the fatigue link
HOS cases are about more than math. The key question is whether fatigue caused or contributed to the crash—e.g., delayed braking, drifting across lanes, or failure to perceive hazards. Expert testimony (human factors, sleep medicine, reconstruction) can connect excessive duty hours to performance deficits at the time.
Company liability and punitive exposure
If evidence shows a systemic practice—dispatch schedules that cannot be done legally, incentives to overrun hours, or tolerance of false logs—a jury may find direct negligence against the motor carrier for unsafe policies. In particularly egregious cases, some jurisdictions allow punitive damages to punish and deter reckless disregard of safety.
The digital paper trail that proves (or disproves) violations
Modern trucking generates rich data streams that can confirm duty status and movement:
Electronic Logging Devices (ELDs)
ELDs automatically record driving time and require drivers to certify duty status entries. Carriers must retain ELD records and supporting documents for at least six months, with safeguards against tampering.
Supporting documents
Fuel receipts, bills of lading, toll and scale tickets, repair orders, and gate logs help verify timelines. (Regulations limit how many supporting documents per day must be kept, but they’re powerful corroboration.)
Telematics and GPS
Many fleets track location, speed, hard‑braking events, and idling—useful for cross‑checking logs.
ECM/EDR data
Engine control modules and event data recorders can show speed and throttle/brake inputs just before impact.
Dispatch communications
Texts, emails, and in‑cab messages reveal schedules and pressure to deliver.
Inspection and maintenance records
Required by 49 C.F.R. Part 396; fatigue‑related crashes sometimes involve equipment issues that compound delayed reactions.
Because carriers control much of this information, prompt preservation letters are critical. Some data is overwritten if not requested quickly.
Typical defense arguments—and how evidence answers them
“No violation occurred.” Compare ELD duty status with GPS breadcrumbs, fuel receipts, and bill‑of‑lading timestamps. Inconsistencies are red flags.
“The driver was within limits, so fatigue is irrelevant.” Even if logs look compliant, long stretches of night driving, circadian lows, or split sleep may still impair performance. Expert analysis of time‑of‑day and sleep opportunity can matter.
“The violation didn’t cause the crash.” Link the driver state to the specific error (late braking, lane departure). Show how reaction time and vigilance degrade with sleep loss.
Where does company responsibility enter the picture?
Under federal law, motor carriers must ensure drivers comply—not just tell them to. That includes training, auditing logs, and avoiding dispatch practices that encourage rule‑breaking. Evidence that planners set delivery windows incompatible with legal hours, or that managers ignored repeated over‑hours flags, supports claims for negligent supervision, hiring, or retention, and sometimes for negligent entrustment of a vehicle.
Minimum insurance limits for interstate carriers are also higher than for passenger cars (with even higher minimums for hazardous materials), which can affect financial responsibility strategy.
How HOS issues shape the value of a case?
Liability strength
Clear HOS violations plus corroborating fatigue indicators often move insurers toward higher settlement ranges because the risk at trial increases.
Scope of discovery
HOS allegations justify broader discovery into company policies, safety culture, prior violations, and how logs are audited—often revealing additional negligence.
Damages theories
When fatigue explains severe errors (e.g., underride due to late braking), plaintiffs can argue for full economic and non‑economic damages and, in egregious cases, punitive damages where permitted.
Practical steps after a truck crash (preserving HOS evidence)
- Send preservation (spoliation) notices immediately. Request ELD data, supporting documents, ECM downloads, dash/road‑facing camera footage, dispatch communications, driver qualification file, and maintenance records.
- Request vehicle inspections (tractor and trailer). Secure control‑module data before vehicles are repaired or salvaged.
- Collect third‑party records: toll data, weigh‑station entries, warehouse gate logs, and 911 audio. Nearby businesses may have video showing the truck’s lane position and driver behavior.
- Map the timeline. Create a 24‑ to 48‑hour pre‑crash chronology of duty status, miles, and stops; compare to HOS limits and circadian considerations.
- Engage appropriate experts early—accident reconstruction, human factors, and sleep medicine—to interpret data and tie violations to performance.
FAQs
- Are all HOS violations “negligence per se”?
Not in every jurisdiction. Some courts treat federal motor carrier rules as evidence of negligence; others treat them as setting the applicable standard of care. Either way, violations are powerful proof.
- What about “personal conveyance” time?
“Off‑duty driving” has specific limits. Using personal conveyance to advance the load or circumvent hours can be a violation.
- If logs were destroyed after six months, is that legal?
Carriers must retain ELD records and supporting documents for at least six months. If a crash occurs, prompt preservation requests are essential. Courts can impose spoliation sanctions if relevant evidence is destroyed after a duty to preserve arises.
- Do HOS rules apply to every truck?
There are exceptions (e.g., some short‑haul operations, agriculture, and emergencies). Check the FMCSA HOS page for specifics and current exemptions.
Key takeaways
- HOS rules aim to prevent fatigue; violations matter because they can prove breach of duty and explain crash‑causing errors.
- The most persuasive cases connect data to behavior—tying log violations to specific driving mistakes through expert analysis.
- Move fast to preserve ELD and supporting data; much of it is time‑limited and controlled by the carrier.
- Company policies, dispatch pressures, and weak auditing can convert a “driver error” case into a broader claim about unsafe corporate practices.
This article has been provided by the Law Office of Robert Castro. If you have any additional questions about your truck accident case, contact a local personal injury lawyer to discuss the unique aspects of your case.
