How Hours-of-Service Violations by Truck Drivers Lead to Accidents

Written by Christopher D. Alas, Esq. · Reviewed by Christopher D. Alas, Esq.

Founding & Managing Attorney

✓ Fact Checked

After a serious truck accident, the driver’s log can reveal how long the driver had been working before the collision occurred, something that may not be obvious from the crash scene alone. Federal hours-of-service rules limit how long commercial drivers can drive without required breaks. When those limits are exceeded, fatigue may impair the driver’s ability to recognize hazards or react quickly enough to avoid a collision.

Those records can also become an important part of determining why a crash happened. In a truck accident case, Redemption Law can examine the driver’s hours and the trucking company’s records to determine whether federal limits were exceeded and what role fatigue may have played in the collision.

What Hours-of-Service Rules Require of Truck Drivers

The Federal Motor Carrier Safety Administration sets strict limits on how long commercial drivers can stay on the road. The current hours-of-service regulations cap property-carrying drivers at 11 hours of driving after 10 consecutive hours off duty, with a 14-hour on-duty window and a mandatory 30-minute break after 8 cumulative hours of driving.

Drivers and carriers are also limited to 60 or 70 hours on duty over 7 or 8 consecutive days, depending on the carrier’s operating schedule. These limits exist because a tired driver behind the wheel of a fully loaded truck poses a serious risk to everyone else on the road, and most commercial trucks now use electronic logging devices to automatically track compliance.

How Hours-of-Service Violations Contribute to Accidents

Fatigue can make it harder for a truck driver to recognize changing traffic conditions and react quickly when something goes wrong. After too many hours on the road, a driver may brake later than necessary, have trouble maintaining a lane, or briefly lose awareness of what is happening around the truck. At highway speeds, even a short delay in recognizing stopped traffic or another hazard can leave considerably less time to avoid a collision.

An hours-of-service violation may involve more than the driver’s decision to keep driving. Investigating the circumstances can reveal pressure from a carrier or dispatcher, unrealistic delivery expectations, or records that do not accurately reflect the driver’s time behind the wheel. In a commercial truck accident, those details can help determine if fatigue contributed to the crash and if decisions made by the trucking company also played a role.

How We Evaluate a Potential Hours-of-Service Claim

When we take on a truck accident case, one of our first steps is requesting the driver’s electronic logging device data, dispatch records, and fuel receipts before they can be lost or overwritten. These records often reveal far more about what actually happened than the police report alone, and they help us determine whether fatigue played a role in the crash. The records we typically request and review include:

• Electronic logging device data: Shows exact driving time, on-duty status, and any gaps that may indicate falsified logs.
• Dispatch and delivery records: Reveal whether a driver was pressured to meet an unrealistic schedule.
• Driver qualification files: Show the carrier’s hiring and training history for that driver.
• Maintenance and inspection logs: Help rule out or confirm mechanical contributions to the crash.

Once we have this documentation, we compare it against the crash timeline to determine whether the driver was legally allowed to be on the road at that hour and whether the carrier had reason to know its schedule was pushing drivers past their limits.

Common Insurance Company Defenses in These Cases

An hours-of-service violation does not automatically establish the cause of a truck accident. An insurer may question the accuracy or interpretation of the driver’s records, which may require looking beyond a summary of the electronic logging data. Other records from the trip may help establish how long the driver had actually been working and if the logs accurately reflect that time.

There may also be disagreement over whether an exception to the federal hours-of-service rules applied or if the driver’s hours had anything to do with the collision. An insurer could instead focus on who was responsible for the crash and argue that another driver’s actions caused it. Reviewing these issues alongside the hours-of-service evidence can help establish not only whether a violation occurred but also what role it may have played in the crash.

Contact Redemption Law to Discuss Your Texas Truck Accident Case

Every truck accident case at our firm is handled by a team, not just one attorney working alone. An attorney directs the legal strategy, a case manager keeps you updated, a legal assistant handles documentation, and a property damage specialist works on your vehicle claim, so you are not left trying to track down the right person on your own while you recover. That team also helps you understand the compensation you may be able to pursue as your case develops.

If you were hurt in a crash and believe a fatigued or overworked truck driver may have been involved, contact us to have your case reviewed. We can walk you through your options and what to expect as your claim moves forward.

Legally reviewed by

Christopher D. Alas, Esq.

Founding & Managing Attorney, Redemption Law, PLLC

Christopher D. Alas is the founder and managing attorney of Redemption Law, a personal injury firm licensed in Texas and Florida. He oversees the firm’s litigation strategy and draws on a background in tax law to help clients understand the financial and legal implications of their injury claims. Read full bio