Who Is Liable for Truck Accidents Caused by Hours-of-Service Violations?

When an 80,000-pound commercial truck travels along the highway, the driver’s alertness is the most important safety feature. Each year, serious accidents occur when drivers continue working past safe time limits. Federal Hours of Service (HOS) regulations exist to prevent fatigue-related truck crashes. When these rules are ignored, the results can bring devastating injuries and loss of life.

Hours of Service Violations, which occur when a driver spends longer than legally allowed behind the wheel, directly lead to driver fatigue. Fatigue reduces reaction time, clouds judgment, and turns a large truck into a dangerous moving hazard. Victims often face severe injuries and a long recovery.

At Eichen Crutchlow Zaslow, our truck accident lawyers help victims and families understand these violations, identify who may be responsible, and pursue fair compensation after a serious crash.

What Are Hours of Service Regulations?

Hours of Service Regulations are federal safety rules created by the Federal Motor Carrier Safety Administration (FMCSA) to reduce the risk of truck accidents linked to exhaustion. These regulations limit the number of hours a commercial truck driver may operate and require specific rest periods to preserve alertness.

The main Hours of Service rules include:

Rule	Description
11-Hour Driving Limit	Drivers may drive for up to 11 hours after taking 10 consecutive hours off duty.
14-Hour Driving Window	Drivers may remain on duty for no more than 14 hours after coming on duty, including all driving and on-duty tasks.
30-Minute Break Requirement	After 8 hours of driving, drivers must take a 30-minute break.
60/70-Hour Weekly Limit	A driver may be on duty for 60 hours in 7 days or 70 hours in 8 days. The period is reset after 34 consecutive hours off duty.

 

Compliance is tracked through a Record of Duty Status (RODS). Most trucks now use Electronic Logging Devices (ELDs), which automatically record drive time. These records help reduce errors and provide transparency for safety enforcement.

How Fatigue Leads to Serious Truck Accidents

Fatigue produces mental and physical impairment similar to alcohol intoxication. According to the Centers for Disease Control and Prevention (CDC), being awake for 18 hours results in effects similar to those caused by a blood alcohol concentration (BAC) of 0.05 percent. After 24 hours without rest, impairment reaches levels similar to those at 0.10 percent, which exceeds the legal limit for any driver.

Fatigue causes:

• Slower Reaction Times: Delayed braking can transform a close call into a rear-end collision.
• Weakened Judgment: Reduced ability to evaluate traffic conditions leads to unsafe driving choices.
• Lower Vigilance: Fatigued drivers struggle to maintain awareness of traffic patterns and potential hazards.
• Microsleeps: Brief moments of involuntary sleep lasting several seconds. At highway speed, a truck can travel the length of a football field during this lapse.

Due to their size and weight, commercial trucks involved in fatigue-related accidents often cause catastrophic damage and severe injuries.

Why Hours of Service Violations Continue to Occur

Hours of Service Violations persist throughout the trucking industry due to workplace pressures and systemic conditions.

Pressure from Trucking Companies

Many carriers set strict delivery deadlines that create overwhelming demands for drivers. Dispatchers and managers often focus on meeting delivery goals and profit targets, which can push drivers to exceed their legal driving hours.

Driver Fatigue and Financial Pressure

Many drivers are paid by the mile instead of by the hour. Time spent in traffic, at loading docks, or resting reduces earning potential. Financial pressure can encourage drivers to stay on the road longer than they safely should, leading to extreme fatigue.

Falsified or Altered Records

Even with Electronic Logging Devices, some drivers or companies still find ways to manipulate logs. Common tactics include disconnecting the device, sharing login credentials, or misclassifying driving time. These unsafe practices increase risk for everyone sharing the road.

The Science of Fatigue

Fatigue represents a physiological state of impairment that affects both the body and the brain. The condition reduces alertness and decision-making ability. A fatigued driver may experience:

• Poor Decision-Making: Difficulty interpreting traffic situations.
• Reduced Awareness: Failure to recognize changing conditions or road signs.
• Short-Term Memory Loss: Forgetting previous miles or missing exit points.
• Narrowed Focus: Limited peripheral vision and tunnel-like awareness.

When fatigue reaches this level, the probability of a serious accident increases dramatically.

Proving Hours of Service Violations After a Truck Crash

Proving an HOS violation requires careful investigation and immediate evidence collection. Critical data often reveals how fatigue contributed to a collision.

Key evidence includes:

• Electronic Logging Device (ELD) Data: Provides detailed records of drive time and rest periods.
• Black Box Data: Records vehicle speed, braking, and steering input before a crash.
• Driver Logs and Dispatch Records: Show timelines and communication between drivers and carriers.
• Receipts and Documentation: Fuel and toll receipts help confirm a truck’s route and timing.
• Expert Testimony: Reconstruction experts analyze data to identify fatigue as a contributing factor.

Preserving and analyzing this evidence strengthens a claim for liability and compensation.

Who Can Be Held Responsible for a Fatigue-Related Truck Crash?

Several parties may bear responsibility for a truck accident involving Hours of Service Violations.

Truck Driver Liability

Truck drivers must comply with HOS regulations. A driver who operates beyond the allowed hours, alters records, or drives while exhausted may be personally responsible for resulting harm.

Trucking Company Liability

Carriers may face liability under the principle of vicarious liability, which holds employers accountable for employee actions during work. Companies also face direct liability for:

• Pressuring drivers to extend drive time
• Failing to monitor logs and safety compliance
• Hiring unsafe drivers
• Neglecting to enforce rest policies

Other Responsible Parties

Responsibility may also extend to:

• Shippers or Freight Brokers: Those who create unrealistic delivery timelines that encourage rule violations
• Third-Party Logistics Providers: Companies managing routes or scheduling that promote unsafe practices

A thorough investigation ensures every responsible party is identified.

Compensation Available to Victims

Victims of fatigue-related truck accidents often experience lasting physical, emotional, and financial consequences. Compensation may include:

• Medical Costs: Hospitalization, surgery, rehabilitation, and long-term care
• Lost Income: Recovery for missed work and reduced future earning capacity
• Pain and Suffering: Compensation for physical and emotional hardship
• Wrongful Death Damages: Funeral expenses, loss of support, and companionship for surviving families
• Punitive Damages: Additional compensation in cases of reckless disregard for safety

A knowledgeable truck accident lawyer calculates the full value of these losses and pursues every available source of recovery.

How a Truck Accident Attorney Can Help

Truck accident claims involving Hours of Service Violations require detailed knowledge of transportation law and federal regulations. A skilled truck accident attorney can:

• Collect and preserve all electronic and physical evidence
• Identify each responsible party in the chain of liability
• Collaborate with industry experts and accident reconstruction specialists
• Handle communication with insurers
• Build a comprehensive case for maximum recovery

The legal team at Eichen Crutchlow Zaslow combines experience, resources, and dedication to pursue justice for accident victims and their families.

Promoting Safer Roads Through Accountability

Hours of Service Regulations exist to preserve lives and ensure truck drivers remain rested and alert. When these federal safety rules are violated, everyone on the highway faces danger. Holding negligent parties accountable promotes safer practices across the trucking industry and helps prevent future tragedies.

If you or someone you love suffered harm in a crash involving a fatigued truck driver, contact Eichen Crutchlow Zaslow today. Our attorneys will guide you through each step of the legal process and work tirelessly to secure fair compensation for your injuries and losses.
Call our office at 732-777-0100, or contact us online to arrange a free consultation. Learn how our firm can help protect your rights and promote accountability on the road.