Hours-of-service violations can strengthen a truck accident claim when evidence connects excessive driving or inadequate rest to the collision. A violation does not automatically establish liability, but it may help show that the driver or trucking company allowed unsafe driving that contributed to your injuries.
After a serious crash, you may have no way of knowing how long the truck driver had been working. At Hernandez Sunosky, LLP, we help injured people in the Houston area investigate what happened, including whether driver fatigue and violations of federal safety rules played a role.
Does an Hours-of-Service Violation Prove Fault?
A violation alone does not prove that a truck driver caused your accident. In a Texas negligence claim, you must establish that the defendant’s breach of a legal duty caused your injuries. Driving beyond an applicable limit may support that claim, but the connection to the crash still matters.
For example, suppose a driver exceeded the driving limit and then failed to brake for stopped traffic. Evidence of excessive hours, combined with video or witness accounts, could support an argument that fatigue contributed to the collision.
We examine the driver’s schedule alongside the crash evidence. That helps us determine whether a violation explains the driver’s conduct or whether other causes need investigation.
What Are the Federal Hours-of-Service Rules?
Federal Motor Carrier Safety Administration rules generally impose these limits on covered property-carrying commercial drivers:
- 11-hour driving limit: A driver may drive up to 11 hours after taking 10 consecutive hours off duty.
- 14-hour driving window: Driving generally cannot continue beyond the 14th consecutive hour after coming on duty, even if the driver has not driven for all 14 hours.
- 30-minute interruption: After eight cumulative hours of driving without a qualifying interruption, the driver must stop driving for at least 30 consecutive minutes. On-duty time spent without driving can qualify.
- 60/70-hour limits: A driver cannot drive after accumulating 60 on-duty hours in seven consecutive days or 70 in eight consecutive days, depending on the carrier’s operating schedule.
Exceptions and alternative arrangements can apply, including certain short-haul operations and sleeper-berth provisions. We assess the rules governing the particular operation before identifying a violation.
Can the Trucking Company Also Be Responsible?
The trucking company’s decisions may be part of the liability investigation. Federal regulations prohibit carriers from requiring or permitting drivers to exceed applicable driving limits. Federal rules also prohibit coercing drivers to violate hours-of-service requirements.
We look for delivery schedules that could not reasonably be completed within legal hours, pressure to skip rest, and failures to address repeated violations. These records may support a claim involving the company’s own conduct.
A carrier may also face responsibility for an employee driver’s negligence committed within the scope of employment. The available claims depend on the working relationship and facts, and each requires a connection between the conduct and your injuries.
What Evidence Can Reveal Excessive Driving or False Logs?
Electronic logging device records and driver logs provide a starting point. We can compare them with dispatch schedules, GPS or telematics data, fuel and toll receipts, bills of lading, and communications between the driver and carrier.
Discrepancies may reveal inaccurate reporting. For instance, a log showing off-duty time may conflict with records indicating that the truck was moving or the driver was handling a delivery.
An inconsistency does not automatically establish deliberate falsification. We investigate whether it reflects an error, improper classification, or an attempt to conceal excessive hours. False records may help establish the driver’s actual schedule and whether the carrier knew about violations.
Act Quickly to Protect Your Truck Accident Claim
Trucking records can become harder to obtain over time. Federal rules generally require carriers to retain driver duty-status records and required supporting documents for at least six months from receipt. That retention period is not a deadline for filing your injury claim.
At Hernandez Sunosky, LLP, we can seek preservation of relevant records, investigate potential liability, and pursue compensation for your injuries. Contact us today for a free consultation so we can begin examining the evidence behind your Texas truck accident.