Truck Crashes Caused by Hours-of-Service Violations

Commercial trucks are large and can weigh up to 80,000 lbs. when fully loaded.

If a truck driver is involved in a crash with a standard passenger vehicle, it can have devastating consequences for the other driver and passengers.

Because of this, federal and state governments place strict regulations on trucking companies and their drivers to help prevent crashes.

One such requirement is hours-of-service (HOS) regulations to help prevent fatigued driving.  If a driver has a HOS violation and causes a crash, the trucking company could be held liable. 

Our experienced Georgia truck accident lawyers will explain.

If you have catastrophic injuries from a truck crash or your loved one was killed in a crash with a semi-truck, call us 24/7 at (706) 354-4000 or send an online message today. If it’s after hours or on a weekend or holiday, hit the prompt to speak to a personal injury attorney immediately.

Why Are Hours-of-Service Regulations for Truck Drivers so Important?

The Federal Motor Carrier Safety Administration (FMCSA) regulates the maximum number of hours that truck drivers can work within a 24-hour, 7-day time frame. HOS regulations are meant to limit the number of hours a truck driver is on duty to give them sufficient rest between shifts.

What Are the Dangers of Fatigued Driving?

Truck drivers who don’t get sufficient sleep and rest can have impaired driving.

Fatigue can affect:

  • Concentration,
  • Coordination,
  • Vigilance,
  • Reaction time, and
  • Decision-making skills.

When a truck driver is sleep deprived, he or she risks falling asleep at the wheel. Driver drowsiness has been compared to drinking and driving because it can impair a driver’s response time to potential hazards and increase the chances of being in a crash.

Trucking companies are responsible for ensuring their drivers are working within HOS regulations. Truck drivers should be given sufficient rest time, so they are awake and alert while on the road.   

What Types of Truck Accidents Are Caused by an Hours-of-Service Violation?

Hours-of-service violations significantly increase the risk of severe truck accidents. Fatigue and impaired decision-making can lead to various types of crashes.

Rear-End Collisions

Fatigued drivers often have delayed reaction times, making it difficult to stop in time to avoid rear-ending another vehicle. These collisions can cause severe injuries to the occupants of smaller vehicles.

Jackknife Accidents

When a driver loses control due to fatigue, the truck’s trailer can swing out at an angle, forming an L or V shape. These accidents are hazardous because they can involve multiple vehicles.

Rollover Accidents

Sleep-deprived drivers may misjudge turns or overcorrect their steering, causing the truck to roll over. Rollovers can lead to catastrophic damage and injuries, especially if the truck carries hazardous materials.

Head-On Collisions

Fatigue can cause drivers to drift out of their lanes, leading to devastating head-on collisions with oncoming traffic. These crashes are often fatal for occupants of smaller vehicles.

Sideswipe Accidents

Drowsy drivers may fail to maintain control of their vehicles, causing them to veer into adjacent lanes and sideswipe other cars. These accidents are especially hazardous at high speeds.

Underride Accidents

If a fatigued truck driver brakes suddenly or loses control, smaller vehicles may slide underneath the trailer. Underride accidents frequently result in life-threatening injuries or fatalities.

HOS Rules for Truck Drivers

Truck drivers are required to comply with HOS regulations set forth by the FMCA.

The HOS rules for cargo-carrying trucks include, but are not limited to, the following regulations:

  • A maximum 14-hour workday (if hazardous conditions are encountered, drivers receive an additional 2 hours).
  • 11 hours of drive time within the 14-hour workday window.
  • A 10-hour off-duty period following the 14-hour workday.
  • A 30-minute break after 8 hours of driving.
  • Driving is not allowed after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.

Truck drivers are also required to log their drive times and miles using an electronic logging device (ELD). An ELD automatically tracks data on whether the engine is running, whether the truck is moving, and miles driven.

Click here to learn more about HOS regulations.

Holding Trucking Companies Accountable: Who Can Be Held Liable?

When a truck crash occurs, liability often extends beyond the driver. Trucking companies, and sometimes third parties, can share responsibility for the accident. While the DOT fines for hours of service violations, here’s how we hold them accountable.

Trucking Companies’ Responsibility Under Federal Regulations

The Federal Motor Carrier Safety Regulations (FMCSRs) place specific obligations on trucking companies to monitor and enforce compliance with HOS rules. 

Trucking companies can be held liable if they:

  • Fail to implement policies ensuring drivers adhere to HOS regulations,
  • Pressure drivers to meet unrealistic delivery deadlines, or
  • Overlook red flags indicating fatigue or other violations.

Even if a company claims it was unaware of a violation, it can still be responsible if it should have detected the issue through reasonable oversight.

Vicarious Liability for Driver Negligence

Trucking companies may also be held vicariously liable for their drivers’ actions. That means that if a driver’s fatigue, caused by an HOS violation, led to the crash, the company is also accountable.

Maintenance Providers and Equipment Manufacturers

Third parties, such as maintenance providers or manufacturers, may sometimes share liability. For example, if a defective ELD contributed to inaccurate logging or equipment failure played a role in the crash, these entities could be named in the lawsuit.

Proving Company Negligence

To establish the trucking company’s liability, our attorneys thoroughly investigate:

  • Company hiring practices to identify unqualified drivers,
  • Training programs to determine whether they emphasize safety and compliance, and
  • Patterns of past violations or regulatory fines.

This evidence demonstrates whether the company’s negligence contributed to the crash and establishes grounds for a strong legal claim.

Ensuring Accountability and Justice

When trucking companies prioritize profits over safety, they put lives at risk. Holding these companies accountable, we help victims recover compensation and encourage systemic changes in the trucking industry.

If you or a loved one was injured in a truck crash, contact us today to learn how we can assist you in pursuing justice.

How to Recognize and Prove an HOS Violation

Proving hours-of-service (HOS) violations can be challenging but is crucial for holding trucking companies accountable and securing fair compensation for truck crash victims. At Blasingame, Burch, Garrard & Ashley, P.C., we employ a thorough investigative process to uncover evidence of violations and establish liability.

Analyzing Driver Log Books and Electronic Logging Devices (ELDs)

Truck drivers must manually log their hours and driving activities or use electronic logging devices (ELDs). 

These devices automatically track data such as:

  • Driving hours,
  • Rest periods,
  • Total miles driven, and
  • Engine status.

Our attorneys obtain these records to identify inconsistencies or patterns suggesting HOS violations. For example, we look for signs of falsified log books or gaps in data that may indicate tampering.

Subpoenaing Trucking Company Records

Trucking companies maintain detailed records about their operations, including driver schedules, dispatch logs, and maintenance reports. By subpoenaing these records, we can uncover evidence of company policies that encourage or overlook HOS violations.

Investigating Supporting Documents

We also review other sources of evidence that can corroborate HOS violations, including:

  • Fuel receipts and toll records to compare with logged driving times,
  • GPS data to track the truck’s movements, and
  • Inspection reports that may highlight prior violations.

These supporting documents often reveal discrepancies that strengthen the case against the trucking company or driver.

Working with Accident Reconstruction Experts

In cases where HOS violations are suspected, we collaborate with accident reconstruction specialists to analyze:

  • The cause of the crash,
  • The truck’s speed and braking patterns, and
  • Any indicators of driver fatigue, such as delayed reaction times.

This expert testimony helps link HOS violations to the crash, providing compelling evidence in court or during settlement negotiations.

By leveraging these strategies, we ensure that trucking companies are held accountable for their negligence. If an HOS violation contributed to your accident, we will build a strong case to maximize your compensation.

Contact us Today!

If you or a family member suffered severe injuries in a truck crash or your family member was killed in a wreck with a large truck, contact us today.

Please call our office at (706) 354-4000 to schedule a free consultation or fill out our contact form to tell us more about your case.

There is no cost unless we recover money for you in your case.